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,
Kocumbas@yandex.ruI.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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