On the Issue of Overcoming Gaps in the Criminal Procedure Legislation in the Conduct of Investigative and other Procedural Actions
( Pp. 109-117)

Abstract: 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.

Isaenko V. N., Grigoriev M. Yu. On the Issue of Overcoming Gaps in the Criminal Procedure Legislation in the Conduct of Investigative and other Procedural Actions // Gaps in Russian Legislasion. 2025. Vol. 18. № 1. Pp. 109-117. (in Russ.) DOI: 10.33693/2072-3164-2025-18-1-109-117. EDN: JOMIRN

Artemova V. V. Problematic aspects of the implementation of the confiscation and seizure of objects and documents at the stage of criminal proceedings // A Russian investigator. 2014. No. 3. Pp. 3–5.
Belkin A. R. Novelties of criminal procedure legislation — steps forward or a return to proven positions? // Criminal proceedings. 2013. No. 3. Pp. 4–13.
Volynsky A. F. Operational investigative activities in the system of organization of disclosure and investigation of crimes // Russian investigator. 2017. No. 21. Pp. 43–48.
Isaenko V. N. Problems of appointment and production of a forensic psychiatric examination when checking a crime report // Legality. 2014. No. 2. Pp. 46–50.
Zinovkina I. N. Verification of statements and reports of crimes: problems of legal regulation: abstract of the dissertation of the Candidate of Law. Moscow, 2015. 28 p.
Commentary to the Federal Law «On Operational Investigative Activities». With the application of decisions of the Constitutional Court of the Russian Federation and reviews of the practice of the European Court of Human Rights / [ed. by V. S. Ovchinsky]; introductory article by V. D. Zorkin. Moscow: Norma: INFRA-M, 2019. 576 p.
Kudryavtsev P. A. Actual issues of exercising the investigator's powers to claim and seize items and documents at the stage of initiating a criminal case // A Russian investigator. 2015. No. 16. Pp. 8–13.
Legostaev S. V. Crime prevention at the stage of preliminary investigation // A Russian investigator. 2015. No. 21. Pp. 34–36.
Makhov V. N. The question of the evidentiary value of explanations received when checking reports of crimes // Justice of the Peace. 2020. No. 6. Pp. 16–18.
Mikhailovskaya O. V. The results of operational investigative activities in proving criminal cases // Russian Justice. 2019. No. 1. Pp. 45–46.
Nikiforova E. Yu., Militsin S. D. The nature and procedural essence of explanations received in accordance with art. 144 of the Code of Criminal Procedure of the Russian Federation // Justice of the Peace. 2024. No. 6. Pp. 20–26.
Nobel A. R. The legal nature of explanations in criminal proceedings // Actual problems of Russian law. 2019. No. 11. Pp. 113–119.
Prokofieva N. V. Methodology for investigating abuse of official authority committed by a law enforcement officer. Dis… kand. jurid. Sciences. Moscow, 2013. 260 p. s. 106, 107, 143, 148, 205, 206, 208.
Sedelnikov P. V. Assignment of the investigator to the body of inquiry // Legislation and practice. 2017. No. 1. Pp. 24–28.
Sergeeva T. A. The essence and correlation of procedural, operational-investigative and investigative activities in criminal proceedings (part 2) // Investigative practice. M. 2015. № 195. Pp. 113–114.
Siverskaya L. A. Consideration of reports of crimes: legal regulation and procedural procedure: abstract of the dissertation of the Candidate of Law, Moscow, 2014. 32 p.
Sichkarenko A. Y. Problematic issues of criminal liability for knowingly providing false information at the stages of pre-trial proceedings // Court administrator. 2020. No. 2. Pp. 27–31.
Stepakov D. A. On the question of the possibility of using explanations as evidence in criminal proceedings // Russian judge. 2023. No. 1. Pp. 31–34.
Khalikov A. N. Collecting evidence during the verification of reports of a crime. // Legality. 2013. No. 12. Pp. 54–57.
Churkin A. V. The admissibility of explanations as new evidence in the criminal process // Russian investigator. 2013. No. 17. Pp. 19–22;
Churkin A. V. Once again to the question of explanations as new evidence // Russian investigator. 2015. No. 3. Pp. 21–25;
Ugolnikov A. V. Establishment and elimination of circumstances that contributed to the commission of crimes (Russian and foreign experience) // International criminal law and international justice 2019. No. 1. Pp. 7–9.
Ugol nikov A. V. Ustanovlenie i ustranenie obstoyatel stv, sposobstvovavshikh soversheniyu prestupleniy (rossiyskiy i zarubezhnyy opyt) // Mezhdunarodnoe ugolovnoe pravo i mezhdunarodnaya yustitsiya. 2019. № 1. S. 7 9.

gaps in legislation, pre-investigation check, seizure of objects and documents, obtaining explanations, assignment of the investigator, results of operational investigative activities, idea of eliminating circumstances contributing to the commission of a crime.