On the Issue of Procedural Guarantees of Individual Rights During a Search of a Home
( Pp. 261-265)

In the article, the authors point out the importance of ensuring the protection of the rights and legitimate interests of an individual during investigative actions, in particular, during a search. Considerable attention is paid to this problem both in criminal procedure legislation and in law enforcement practice. Particular attention is paid to the problems of ensuring the rights and legitimate interests of the individual in the course of investigative actions, in this connection, the authors in the article would like to touch on this topic in the framework of ensuring guarantees of the rights of the individual involved in criminal proceedings. The authors consider it necessary to consider in the article the issues concerning the psychological mood and emotional state of citizens during the search, in connection with which the persons involved in its production may perceive what is happening in completely different ways. The article emphasizes the importance of ensuring the rights and legitimate interests of the person being searched through the prism of ethics and respect for human dignity and preventing interference in their lives, taking into account the prohibition of actions and decision-making in criminal procedure legislation that degrade the honor and dignity of a participant in criminal proceedings, as well as treatment that degrades his human dignity or creating a danger to his life and health. The authors give reasonable recommendations on the conduct of a search, taking into account the observance of the rights and legitimate interests of persons involved in its production, while considering the feasibility of this investigative action in individual cases. The article analyzes the judicial and investigative practice of conducting a search, taking into account the legislative position on the dominant right of the individual to ensure the right to inviolability of the home. The authors also raise a number of issues of law enforcement practice in conducting a search with the possibility of ensuring the rights and legitimate interests of persons involved in its conduct. The purpose of the study is to study the problems of the production of investigative and other procedural actions in the citizen's home during pre-trial proceedings in a criminal case. The conclusions given in the study are the formulated provisions on the procedural procedure for conducting investigative and other procedural actions in the housing of citizens, with a statement in the authors' own vision.

Chaplygina V.N., Rudov D.N., (2022), ON THE ISSUE OF PROCEDURAL GUARANTEES OF INDIVIDUAL RIGHTS DURING A SEARCH OF A HOME. Gaps in Russian Legislation, 3 => 261-265.

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search, the right to inviolability of the home, petition, resolution, urgent cases, court decision, investigative actions, other procedural actions.