from 01.01.2023 until now
Irkutsk, Irkutsk region, Russian Federation
Introduction. The article considers one of the controversial issues related to the definition of the place of detention in modern domestic criminal proceedings as another measure of criminal procedural coercion. In his research, the author analyzes the prerequisites for the emergence of the current legal regulation in the aspect of the institution in question. The paper develops the idea of an essential and legal separation of various elements of detention: actual detention, procedural registration and personal search, designed to ensure the unity of the procedural form in criminal proceedings and make the institution of detention a more holistic and logically structured legal phenomenon. The author makes an attempt to identify possible ways of legislative improvement of the legal institution in question from the point of view of ensuring the rights and freedoms of citizens. Materials and Methods. The author's regulatory framework includes the Constitution of the Russian Federation, criminal procedure legislation, the Code of Administrative Offences of the Russian Federation, the Federal Law "On Police", as well as other federal laws on the topic under consideration. The methodological basis of the research was the method of materialistic dialectics, which acts as the basis of scientific knowledge. In addition, the work implements such methodological tools as analysis, comparative studies and others. The Results of the Study It allowed us to identify defects in the current regulatory and legal regulation in the field of public relations affecting the issue of determining the place of detention as a measure of criminal procedural coercion. Findings and Conclusions. The author has made proposals to amend and supplement Article 91 of the Code of Criminal Procedure of the Russian Federation, which will allow the exercise of the power to detain a person not only on suspicion of committing a crime, but also in order to force the accused to appropriate behavior in pretrial proceedings, in case of his detention due to the lack of information from the authorities conducting a preliminary investigation about the location of the accused. In addition, the author proposes to exclude from part 2 of art. 92 of the Code of Criminal Procedure of the Russian Federation requires the reflection of the results of a personal search in the protocol of detention, which will separate the process of proof from a measure of procedural coercion aimed at ensuring the order of pretrial proceedings.
detention, measures of criminal procedural coercion, pre-trial proceedings, procedural form, detention order, detention protocol, structure.
1. Boriskova, I. V. Brief description of measures of state coercion / I. V. Boriskova // The territory of science. 2018. No.3. pp. 134-138.
2. Kharzinova, V. M. The concept and types of measures of procedural coercion / V. M. Kharzinova // Gaps in Russian legislation. 2018. No.5. pp. 221-223.
3. Pidusov, E. A. Detention of a person suspected of committing a crime as a system of activity / E. A. Pidusov // Bulletin of the Ministry of Internal Affairs of Russia. 2010. No. 1. pp. 37-41
4. Baev, O. Ya. The modern legal mechanism of detention of a suspect in the commission of a crime and the problems of its improvement / O. Ya. Baev, M. O. Baev // Bulletin of the Voronezh State University. Series: Law. 2016. No. 2. pp. 229-238.
5. Berezina, E. S. Detention of a suspect as an institution of criminal justice: dis. cand. Jurid. Sciences / E. S. Berezina. M.: Research Institute of the Ministry of Internal Affairs of Russia, 2009. 234 p.
6. Pobedkin, A.V. The actual and procedural detention of a suspect: a decision of the legislator is necessary / A.V. Pobedkin, V. N. Yashin // Izvestia TulSU. Economic and legal sciences. 2018. No.1-2. pp. 16-24.
7. Grigoriev, V. N. On the actual detention of a suspect / V. N. Grigoriev // Bulletin of the UUI. 2020. No.3 (89). pp. 77-81.
8. Desyatova, O. V. On the issue of procedural detention / O. V. Desyatova // Legal science and law enforcement practice. 2021. No.4 (58). pp. 53-60.
9. Tarasov, A. A. S. A. Shafer on the cognitive essence of the detention of a suspect / A. A. Tarasov // Legal Bulletin of the Samara University. 2017. №4. C.63-67.
10. Kirillova, N. P. Criminal procedural policy of the state and simplification of procedural forms / N. P. Kirillova // Jurist-Pravoved. 2016. No.5 (78). pp. 53-58.
