The problematic issues of a public operative investigation activity named an examination of premises, buildings, structures, sectors of locality and vehicles

Author(s):  S.M. Kotsumbas, Belgorod Regional Court, Belgorod, Russia,

I.A. Morgun, no, no, Belgorod Regional Court, Belgorod, Russia

Issue:  Volume 44, № 4

Rubric:  Actual Problems of Legal Regulation

Annotation:  At the moment the procedure of such an operative investigative activity as examination of premises, buildings, structures, sectors of locality and vehicles is not comprehensively regulated by criminal procedure law, consequently no clear explanation has been provided about the possibility of seizure of some material objects during the procedure, which may be decisive for initiation of a criminal case. To identify the main solutions to the problem the authors appealed to the federal legislation and the opinions of higher court instances. Basing on court rulings in specific cases, the Article pioneers the integrated analysis of the arguments both for and against the permission to seize the objects in the course of the specified operative investigative activity. The Article concludes that the effectiveness of the operative investigative activity under study is impossible without the permission of seizure of objects which can point to the commission of a crime or can show the traces a criminal action, etc. As a consequence, the authors suggest that the issue should be explored in more details at the meetings of students’ research circles, at scientific conferences, by the relevant committees of the State Duma.

Keywords:  crime, operational investigative activity, examination, the seizure of material objects, legally protected secrets, initiation of a criminal case, court ruling.

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