In the field of proper administration of justice and the consolidation of the rule of law in society, it is also important the scientific research of issues and questions related to the actions of the person, determined by the detention of the offender. Highlighting the specific features of this institution is intended to ensure the protection of the person from unjustified criminal liability for certain actions typically similar to crimes. The topicality of the research is also determined by the need of raising the level of legal culture of citizens, most of whom identify criminal law with a repression mechanism, not taking into account the positive content of criminal law. Substantial changes are also required by the legal conscience of the representatives of the law enforcement bo-dies, and will be directed, first of all, towards ensuring human rights in the field of criminal justice.