Alontseva E.Y. —
The problem of a procedural status of some participants of investigative activities organized according to the ruling of the court
// Police activity. – 2020. – ¹ 3.
– P. 49 - 60.
DOI: 10.7256/2454-0692.2020.3.33145
URL: https://en.e-notabene.ru/pdmag/article_33145.html
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Abstract: The article analyzes the provisions of the criminal procedure legislation of the Russian Federation and other legislative acts in the field of criminal process, regulating the pool of participants of investigative activities organized in accordance with the ruling of the court, and the problems of absence of a procedural status of some persons. The author considers the issues of their participation and the procedure of them using their rights. The article reveals the problems of an insufficient regulation of the status of persons participating in such investigative activities as search of dwellings without the inhabitants’ consent at the stage of a criminal case initiation; search of dwelling, and seizure in dwelling at the stage of a pre-trial investigation. The author uses such methods as dialectical, general scientific method, formal-logical, and system-structural. The author substantiates the conclusion that it is not reasonable to extend the list of participants of the criminal process and include into the list all persons involved in investigative activities requiring the ruling of the court. The absence of a particular article for each particular person involved in investigative activities does not mean this person has no right to defend their rights and lawful interests in criminal proceedings. Based on the provisions of the Criminal Procedure Code of the Russian Federation and the resolutions of the Plenum of the Supreme Court of the Russian Federation, the author forms the list of fundamental rights and duties of a person without a status of a participant of criminal proceedings who is involved in investigative activities requiring the ruling of the court. The author suggests specifying a procedural status of a forensic investigator, formulates the definition of a lawful representative of a person the court decision about a compulsory treatment is being made on. The author suggests including the list of persons possessing a right to complain to the court, apart from a complainant, persons who turned themselves in and persons subject to the investigation upon a report of a crime, into one of the resolutions of the Plenum of the Supreme Court.
Alontseva E.Y. —
Detention of the Suspect Pursuant to Criminal Procedure Legislation of Russia and Some CIS States (Comparative Law Analysis)
// Police activity. – 2018. – ¹ 2.
– P. 19 - 23.
DOI: 10.7256/2454-0692.2018.2.26704
URL: https://en.e-notabene.ru/pdmag/article_26704.html
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Abstract: The article is devoted to particular issues associated with the detention of the suspect. The object of the research is the law enforcement practice of the bodies of preliminary investigation and detention. The subject of the research is the provisions of Russia's and the Commonwealth of Independent Countries' states (Armenia's, the Azerbaijani Republic's, the Republic of Tajikistan's, Kyrgyz Republic's, the Republic of Moldova's) laws that give a definition and describe the nature of detention, the time of actual detention, calculation of the time of actual detention, and scientifically grounded positions of procedure law scientists on the matter. In her research Alontseva has used general and special research methods, in particular, structured systems analysis, comparison, generalisation, and logical law analysis. Based on the results of the research, the author suggests to make amendments to Articles 5 and 92 of the Criminal Procedure Code of the Russian Federation that set forth the period of detention and clarify the definition of the time of actual detention. The author comes to the conclusion that some aspects of the legal regulation of procedural issues of detention pursuant to criminal procedure legislation of CIS states can be used as the basis for further research.