Improving the Procedure for Protocol Recording of the Course and Results of the Search
( Pp. 377-380)
More about authors
Gauzhaeva Victoria Aleksandrovna
Cand.Sci.(Law), associate professor of special and technical training department of the North-Caucasian Advanced Training Institute (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia Dzhuletta M. Berova
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russian Federation
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia Dzhuletta M. Berova
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russian Federation
Abstract:
The purpose of the research. The article analyzes the problem of unsatisfactory quality of the protocol form of recording the course and results of the search. The issue of compliance of the requirements of the criminal procedure legislation with the content of the protocol of the investigative action and the implementation of these requirements in investigative practice is highlighted. The purpose of the study is to identify the main shortcomings that occur when investigators draw up search protocols, and to determine ways to prevent them in order to ensure the evidentiary significance of the search protocol. Results. As a result of the conducted research, the authors came to the conclusion that the current criminal procedural norms regulating the content of the protocol of the investigative action and, in particular, the search, are less meaningful than the tactical and forensic recommendations devoted to the same issue. However, in investigative practice, only the norms of the CPC are naturally taken into account, while forensic recommendations are more often ignored. It seems that this approach, although not contrary to the law, ultimately negatively affects the evidentiary significance of the search results, which are evaluated by analyzing the contents of the protocol of the investigative action. In this regard, we consider the practice of reflecting in the search report only the list of discovered and seized objects, the place of their discovery and the nature of packaging (as required by Article 182 of the Code of Criminal Procedure of the Russian Federation) insufficient to ensure the criteria of admissibility and reliability of this source of evidence. It seems that achieving an objective assessment of the course and results of the search requires supplementing the circumstances specified in the law with information about the nature and content of the search actions carried out to find the objects sought, as well as individualization of the objects found by fixing their signs. In addition, due to the primacy of the law over criminalistic recommendations in the tactical and criminalistic sphere, we consider it necessary to make appropriate additions to Article 182 of the Code of Criminal Procedure of the Russian Federation.
How to Cite:
Gauzhaeva V.A., Dzhuletta M.B., (2022), IMPROVING THE PROCEDURE FOR PROTOCOL RECORDING OF THE COURSE AND RESULTS OF THE SEARCH. Gaps in Russian Legislation, 5 => 377-380.
Reference list:
Appeal decision of the Tver Regional Court in case No. 22-1513/2020 [Electronic resource] Sudak: Judicial and regulatory acts of the Russian Federation // https://sudact.ru /. (Date of appeal: 07/28/2022).
Pushkarev V.V. The order and tactics of the search // The age of science. 2017. No. 11. pp. 56-62.
Sentence of the Proletarian District Court of Tula No. 1-14/2020 1-339/2019 dated February 19, 2020 in case No. 1-14/2020 [Electronic resource] // SudAkt: Judicial and regulatory acts of the Russian Federation. Access mode: https://sudact.ru/. (Accessed: 27.07.2022)
Shafer S.A. Investigative actions. System and procedural form. Moscow: LLC "Publishing House "Yurlitinform", 2001. 208 p.
Pushkarev V.V. The order and tactics of the search // The age of science. 2017. No. 11. pp. 56-62.
Sentence of the Proletarian District Court of Tula No. 1-14/2020 1-339/2019 dated February 19, 2020 in case No. 1-14/2020 [Electronic resource] // SudAkt: Judicial and regulatory acts of the Russian Federation. Access mode: https://sudact.ru/. (Accessed: 27.07.2022)
Shafer S.A. Investigative actions. System and procedural form. Moscow: LLC "Publishing House "Yurlitinform", 2001. 208 p.
Keywords:
criminal procedure, criminalistics, forensic tactics, investigative actions, search, protocol of investigative action.
Related Articles
INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE «COUNTERACTION CRIME: CURRENT PROBLEMS OF THEORY AND PRACTICE» MAY 20-21, 2022, NALCHIK, NORTH CAUCASUS INSTITUTE FOR PROFESSIONAL DEVELOPMENT (BRANCH) KRASNODAR UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION 1. CRIMINALISTIC, PROCEDURAL AND OPERATIVE-SEARCH MEASURES TO COUNTER CRIME IN THE GLOBALIZATION CONDITIONS Pages: 19-23 Issue №21338
On the Limits of the Use of Psycho-Physiological Research in the Investigation of Crimes
psychophysiological research
use of a polygraph
investigation of crimes
investigative actions
law enforcement
Show more
11. Administrative law; Administrative process Pages: 233-237 Issue №8046
Features of the substantive and procedural rules governing the examination of individuals suspected of committing crimes and administrative offences
coercion
measure
inspection
inspection
search
Show more
3. CRIMINALISTIC, PROCEDURAL AND OPERATIVE-SEARCH MEASURES TO COUNTER CRIME IN THE GLOBALIZATION CONDITIONS Pages: 230-234 Issue №16988
Implementation by the investigator of the general conditions of preliminary investigation
general conditions of preliminary investigation
investigator
gaps in legislation
criminal procedure
Show more
3. CRIMINALISTIC, PROCEDURAL AND OPERATIVE-SEARCH MEASURES TO COUNTER CRIME IN THE GLOBALIZATION CONDITIONS Pages: 212-215 Issue №16988
Once again to the question of the classification of forensics
criminalistics
expertise
methods
system
classification
Show more
10. FORENSICS; FORENSIC EXPERTISE; OPERATIONAL AND SEARCH ACTIVITIES (12.00.12) Pages: 293-302 Issue №17401
Criminal protection of justice from falsification of evidence
criminalistics
criminalistic support
investigation
falsification of evidence
crime prevention
Show more
6. Criminal procedure Pages: 211-215 Issue №4539
Prosecutor’s submission to eliminate violations of the criminal procedure law in the pre-trial proceedings
view
criminal procedure law
investigation
the criminal process
investigative actions
Show more
10. FORENSICS; FORENSIC EXPERTISE; OPERATIONAL AND SEARCH ACTIVITIES (12.00.12) Pages: 288-292 Issue №17401
Legal issues of preventing falsification in the field of assisted reproductive technologies
criminalistics
prevention of falsification of evidence
assisted reproductive technologies
surrogacy
electronic document exchange
Show more
7. Criminal procedure Pages: 217-222 Issue №4748
About forensic tactics in maintenance of the state prosecution
the judicial investigation
forensic tactics
maintenance of public prosecution
Show more
6. CRIMINAL PROCEDURE Pages: 247-249 Issue №16680
On the expedience of fixed procedural terms of preliminary investigation and inquiry
procedural terms
preliminary investigation
inquiry
reasonable time
criminal procedure
Show more
14. FORENSICS; FORENSIC EXPERTISE; OPERATIONAL AND SEARCH ACTIVITIES 12.00.12 Pages: 307-310 Issue №18758
On the perspectives of digital technologies using in criminology
digital technologies
criminalistics
crime detection and investigation
information technologies
digitalization
Show more