On the Issue of Interim Measures Applied During the Examination of Living Persons and the Limits of the Use of Coercion in Its Production
( Pp. 187-191)

More about authors
Lukyanchikova Viktoriya Viktorovna
Putilin Belgorod Law Institute of Ministry of the Interior of Russia
Belgorod, Russia
Abstract:
Abstract: In the article, the author examines the concept of criminal procedural examination, taking into account changes in the content of criminal procedural norms from the Soviet period to the present. The legal grounds for the production of the investigative action under consideration are analyzed, which are divided into legal and factual, indicating their individual elements. The features of the examination in relation to witnesses, victims, suspects, accused and defendants are considered. Attention is focused on the unresolved issue of ensuring the execution by the above-mentioned participants of criminal proceedings of the decision of the authorized entity on the examination, which, in accordance with the current criminal procedure legislation, is mandatory in case of their refusal to participate. The opinions of process scientists on the possibility and expediency of the use of coercion during the examination, on the methods of coercion and their boundaries are considered. The aspect of observing the rights of participants in criminal proceedings during the investigative action under consideration is touched upon. The analysis of the interim measures provided for by the criminal procedure Law for the participation of persons for whose examination, a resolution was issued on the conduct of an examination and a proposal was formulated to improve legislation in this direction. analysis of their legality and expediency in view of its specifics.
How to Cite:
Lukyanchikova V.V. On the Issue of Interim Measures Applied During the Examination of Living Persons and the Limits of the Use of Coercion in Its Production // Gaps in Russian Legislation. 2023. Vol. 16. №8. Pp. 187-191. (in Russ.). EDN: PTFKDQ
Reference list:
Kussmaul R. The right to lie and the right to silence as elements of the right to protection // Russian justice. 2003. N 2. p. 34.
Smolkova, Iraida Vyacheslavovna. Is coercion permissible during the examination in Russian criminal proceedings? / Iraida Smolkova. - (Criminal proceedings). - Text : direct // Criminal law. - 2018. - No. 3. - pp. 122-128. - Bibliogr.: pp. 143-144 (20 titles). - Bibliogr. in footnotes. - ISSN 2071-5870.
Petrukhin I.L. Man and power (in the field of combating crime). Moscow, 1999. p. 362.
Belkin R.S. Course of Soviet criminalistics: In 3 volumes, 1979. Vol. 3. Forensic tools, techniques and recommendations. p. 37.
Belkin R.S. Kurs sovetskoy kriminalistiki: V 3 t. M., 1979. T. 3. Kriminalisticheskie sredstva, priemy i rekomendatsii. S. 37.
Keywords:
examination proceedings, criminal procedural examination, coercion during the examination..


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