Problematic Aspects of the Rules for the Production of Investigative Actions
( Pp. 173-176)
More about authors
Alberd M. Sheriev
Cand.Sci. (Law), Police Lieutenant Colonel, Senior lecturer at the Department of Special Disciplines, Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia; Nalchik; Nalchik
; Russia. North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia; Russia. North Caucasus College of Innovative Technologies, Pyatigorsk, Russia Nikolay P. Golyandin Cand.Sci. Law, Associate Professor, Professor of the Department of Special Disciplines; North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia; Nalchik, Russia доктор пед. наук, профессор, директор; Северо-Кавказский колледж инновационных технологий, г. Пятигорск, Россия
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia; Nalchik; Nalchik
; Russia. North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia; Russia. North Caucasus College of Innovative Technologies, Pyatigorsk, Russia Nikolay P. Golyandin Cand.Sci. Law, Associate Professor, Professor of the Department of Special Disciplines; North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia; Nalchik, Russia доктор пед. наук, профессор, директор; Северо-Кавказский колледж инновационных технологий, г. Пятигорск, Россия
Abstract:
Abstract: The purpose of this study is some problematic aspects of the rules for the production of investigative actions. The authors point out that these rules have lost their relevance, clarity, and are in dire need of reform, harmonization, unification of the adopted changes both in the legislation of our country and international documents.
The objectives of the study are to analyze the rules for the production of investigative actions and the need for a terminological definition of the concept of investigative actions, their classification, as well as compiling their exact list, distinguishing them from other procedural actions and coercive measures. An analysis of the general rules for the production of investigative actions allows us to identify problematic aspects and improve the norms of legislation. The authors classify the rules into groups for a more accurate understanding and use of them in procedural practice.
Conclusions: we found that bringing the rules of conducting investigative actions in line is necessary, both for strengthening and functioning of the system of administration of justice, and for strengthening confidence in the public authorities administering justice. At the same time, to create conditions for a more complete realization of the rights and freedoms of man and citizen in the course of the administration of justice.
The objectives of the study are to analyze the rules for the production of investigative actions and the need for a terminological definition of the concept of investigative actions, their classification, as well as compiling their exact list, distinguishing them from other procedural actions and coercive measures. An analysis of the general rules for the production of investigative actions allows us to identify problematic aspects and improve the norms of legislation. The authors classify the rules into groups for a more accurate understanding and use of them in procedural practice.
Conclusions: we found that bringing the rules of conducting investigative actions in line is necessary, both for strengthening and functioning of the system of administration of justice, and for strengthening confidence in the public authorities administering justice. At the same time, to create conditions for a more complete realization of the rights and freedoms of man and citizen in the course of the administration of justice.
How to Cite:
Sheriyev A.M., Golyandin N.P., Zhukova A.V. Problematic Aspects of the Rules for the Production of Investigative Actions // Gaps in Russian Legislation. 2022. Vol. 16. №4. Pp. 173-176. (in Russ.). EDN: OTHRZD
Reference list:
Code of Criminal Procedure of the Russian Federation of December 18, 2001 No. 174-FZ (as amended on July 1, 2021) // Rossiyskaya Gazeta. No. 249. December 22, 2001.
Bravilova E.A. On the general rules for the production of investigative actions // Siberian criminal procedure and forensic readings. - 2020. - No. 1 (27). - P. 16-30.
Kovalenko I. V. Concept, signs, types and general rules for the production of investigative actions // Young scientist. - 2019. - No. 11 (249). - P. 64-67.
Koshcheeva K.I. To the question of the quality of compiling protocols of investigative actions // Bulletin of the Ural Institute of Economics, Management and Law. - 2021. - No. 1 (54). - P. 64-69.
The prosecutor explains - Prosecutor's Office of the Chelyabinsk Region URL https://epp.genproc.gov.ru/ru/web/proc_74/activity/legal-education/explain?item=33371906 (accessed 01/10/2023).
Usova Yu.I., Ipatova A.Yu. General rules for the production of investigative actions: problems of application // Central Scientific Bulletin. - 2020. - V. 5. - No. 11 (100). - P. 32-34.
Khaidarov A.A. Problems of obtaining by the investigator (inquirer) permission to conduct a search and seizure in a pawnshop // Journal of Russian Law. 2019. - No. 9. - P. 139.
Bravilova E.A. On the general rules for the production of investigative actions // Siberian criminal procedure and forensic readings. - 2020. - No. 1 (27). - P. 16-30.
Kovalenko I. V. Concept, signs, types and general rules for the production of investigative actions // Young scientist. - 2019. - No. 11 (249). - P. 64-67.
Koshcheeva K.I. To the question of the quality of compiling protocols of investigative actions // Bulletin of the Ural Institute of Economics, Management and Law. - 2021. - No. 1 (54). - P. 64-69.
The prosecutor explains - Prosecutor's Office of the Chelyabinsk Region URL https://epp.genproc.gov.ru/ru/web/proc_74/activity/legal-education/explain?item=33371906 (accessed 01/10/2023).
Usova Yu.I., Ipatova A.Yu. General rules for the production of investigative actions: problems of application // Central Scientific Bulletin. - 2020. - V. 5. - No. 11 (100). - P. 32-34.
Khaidarov A.A. Problems of obtaining by the investigator (inquirer) permission to conduct a search and seizure in a pawnshop // Journal of Russian Law. 2019. - No. 9. - P. 139.
Keywords:
rules, criminal proceedings, investigator, investigative actions, norm, problems, Code of Criminal Procedure, legislation..
