Enviar artigo por via de e-mail On the Issue of overcoming gaps in the criminal procedure legislation in the conduct of investigative and other procedural actions
- Autores: Isaenko V.N.1, Grigoriev M.Y.2,3
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Afiliações:
- Kutafin Moscow State Law University (MSAL)
- Prosecutor's Office of the Komi Republic
- Federal State Establishment of Higher Education «University of prosecutor's office of the Russian Federation»
- Edição: Volume 18, Nº 1 (2025)
- Páginas: 109-117
- Seção: Criminal Law Sciences
- URL: https://journal-vniispk.ru/2072-3164/article/view/288816
- DOI: https://doi.org/10.33693/2072-3164-2025-18-1-109-117
- EDN: https://elibrary.ru/JOMIRN
- ID: 288816
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Resumo
In the article, the author highlights a number of gaps existing in the current criminal procedure legislation in the legal regulation of the production of certain investigative and other procedural actions, in particular, the problem of the procedural registration of the seizure of objects and documents at the stage of pre-investigation inspection; the problem of using explanations received at the stage of pre-investigation inspection as evidence; the problem of the absence of a deadline for the execution of the investigator's instructions on conducting operational search activities; the problem of using the results of operational search activities in proving; the problem of the dispositive nature of the rule on the introduction by the investigator of the idea of eliminating the circumstances contributing to the commission of a crime.
Taking into account the different positions of criminologists, as well as the analysis of law enforcement practice, their own ways of solving these problems are proposed, in particular, it is proposed to amend Part 1 of art. 144 of the Code of Criminal Procedure of the Russian Federation in terms of instructions to draw up a protocol for the seizure of objects and documents when they are seized in accordance with the requirements of art. 164, 166 of the Code of Criminal Procedure of the Russian Federation with presentation to a person, 21 of the Code of Criminal Procedure of the Russian Federation and sending to this person a copy of the protocol of seizure; in Part 1 of Article 144 of the Code of Criminal Procedure of the Russian Federation, it is proposed to fix the provision on the impossibility of using the explanations of persons obtained during the pre-investigation check as evidence; in paragraph 4 of Part 2 of Article 38 of the Code of Criminal Procedure of the Russian Federation, it is proposed to set a deadline for execution instructions from the investigator to carry out operational search activities within 10 days from the date of receipt of the order, as well as to consolidate the obligation of the bodies or officials carrying out the investigator's instructions, if there are grounds, to inform him in advance about the progress of the execution.
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##article.viewOnOriginalSite##Sobre autores
Vyacheslav Isaenko
Kutafin Moscow State Law University (MSAL)
Autor responsável pela correspondência
Email: viach.isaencko2015@yandex.ru
Código SPIN: 6985-0459
Dr. Sci. (Law), Prof. of the Department of Organization of Judicial and Prosecutorial Investigative Activities
Rússia, MoscowMikhail Grigoriev
Prosecutor's Office of the Komi Republic; Federal State Establishment of Higher Education «University of prosecutor's office of the Russian Federation»
Email: gmu7@mail.ru
Councilor of Justice, assistant of Komi Republican's Prosecutor for supervision over legislative execution of federal security, inter-ethnic relations, counteraction of extremist activity and terrorism, Candidate
Rússia, Syktyvkar; MoscowBibliografia
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