from 01.01.2019 until now
Omsk Academy of the Ministry of the Interior of the Russian Federation (Kafedra ugolovnogo protsessa)
from 01.01.2020 until now
Barnaul, Russian Federation
Introduction. The article discusses the resolutions of the Government of the Russian Federation concerning the storage of physical evidence. It is the physical evidence that has the information that allows you to solve a criminal case. The process of storing physical evidence acts as a characteristic procedural procedure that serves as a guarantee of individual rights and an obvious guarantee of achieving the goals of criminal proceedings. The article focuses on the fact that the issues of storing individual physical evidence have repeatedly been the subject of consideration by the Constitutional Court of the Russian Federation for their compliance with the norms of the Constitution of the Russian Federation. Materials and methods. The research materials were scientific articles by scientists, norms of the Code of Criminal Procedure of the RSFSR and the current Code of Criminal Procedure of the Russian Federation, resolutions of the Government of the Russian Federation. In the course of the study, the dialectical method was applied, the analysis of scientific and regulatory sources was carried out, methods of generalization and grouping of data were used, as well as the comparative legal method. The results of the study of criminal procedure legislation and resolutions of the Government of the Russian Federation regarding the legal regulation of the storage of physical evidence in criminal proceedings allowed us to define the concept of storage of physical evidence. Based on the literature and analysis of the resolutions of the Government of the Russian Federation, their criminal procedural nature is shown. Conclusions and conclusions. It is obvious that the ever-expanding list of objects that can acquire the status of physical evidence in criminal proceedings requires an appropriate special approach in terms of their storage, which the norms of the Code of Criminal Procedure of the Russian Federation actually cannot provide. That is why the role of by-laws in this matter is so important, first of all, the resolutions of the Government of the Russian Federation, which regulate the storage of certain types of physical evidence. The norms of Government resolutions, which are aimed at the legal regulation of the storage of physical evidence in criminal proceedings, allow us to raise the question of their criminal procedural nature.
resolutions of the Government of the Russian Federation, criminal procedure, storage of material evidence, norm, criminal case, by-laws
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