General terms production of investigative actions are a set of requirements provided for by the criminal procedure law and imposed on the production of investigative actions.

All investigative actions, regardless of the stage of legal proceedings, have the following general conditions or rules for their conduct:

1. Investigative actions, according to general rule, can only be carried out during criminal proceedings.

Before initiating a criminal case, the following are possible: inspection of the crime scene, inspection of objects and documents, inspection of the corpse, examination, obtaining samples for comparative research, forensic examination. In order to consolidate the traces of a crime and identify the person who committed it, before obtaining the consent to initiate a criminal case from the prosecutor, however, it seems that after a decision is made on this, an examination can be carried out and an examination can be appointed.

The following investigative actions require judicial authorization:

· inspection of the home in the absence of the consent of the persons living in it
· search and (or) seizure of a home
· search in office space lawyer or lawyer's education
· Removal of an item pawned or deposited in a pawnshop
· personal search (except for a personal search of a person detained or taken into custody, as well as a personal search of a person located in the premises being searched)
· seizure of objects and documents containing state or other secrets protected by federal law, as well as objects and documents containing information about deposits and accounts of citizens in banks and other credit institutions
· seizure of correspondence, permission to inspect and seize it in communication institutions
· control and recording of telephone and other conversations
· obtaining information about connections between subscribers and (or) subscriber devices
· exhumation - in case close relatives or relatives of the deceased object to exhumation
· obtaining information about a bank account.

To obtain a judicial sanction, the investigator, with the consent of the head of the investigative body, and the investigator, with the consent of the prosecutor, initiates a petition to the court to carry out an investigative action, for which a resolution is issued.

A petition to carry out an investigative action is subject to consideration by a single judge of a district court or military court of the appropriate level at the place where the preliminary investigation or investigative action was carried out no later than 24 hours from the receipt of the said petition. The prosecutor, investigator and inquiry officer have the right to participate in the court hearing.

In exceptional cases, when the inspection of a home, a search and seizure of a home, a personal search, as well as the seizure of an item pledged or deposited in a pawnshop cannot be delayed, these investigative actions can be carried out on the basis of a resolution of the investigator or inquiry officer without receiving court decision. In this case, the investigator or inquiry officer, within 24 hours from the moment the investigative action begins, notifies the judge and the prosecutor about the investigative action. Attached to the notification are copies of the resolution to carry out the investigative action and the protocol of the investigative action to verify the legality of the decision to carry out the investigative action. Having received this notification, the judge, within 24 hours, checks the legality of the investigative action taken and makes a decision on its legality or illegality. If the judge recognizes the investigative action taken as illegal, all evidence obtained during such investigative action is declared inadmissible.

The most important guarantee of ensuring the rights of participants in the process is judicial control over the actions of investigative bodies that limit the constitutional rights of citizens. The court, exercising judicial control, remains a judicial body that resolves disputes between the parties. As a result, judicial control is possible only at the request of the parties, beyond which the court has no right to go, so as not to lose its independence. In this regard, judicial control can be subsequent, when a complaint is made to the court against any action of the investigative bodies, or prior, when the investigative bodies apply to the court to obtain permission to carry out a compulsory action. For prior judicial control, the Code of Criminal Procedure provides for two procedures: 1) judicial procedure with the right of participation of interested parties (suspect, accused, defense attorney, prosecutor) in the court hearing. It is used to select and apply coercive measures. 2) the judicial procedure for obtaining permission to conduct an investigative action, which does not provide for the participation of interested parties other than the prosecutor and investigator. According to Part 2 of Article 29 of the Code of Criminal Procedure, only the court can make decisions on the placement of a suspect or accused who is not in custody in a medical or psychiatric hospital for a forensic medical or forensic psychiatric examination, respectively; on conducting an inspection of a home in the absence of the consent of the persons living in it; about conducting a search and (or) seizure of a home; about the seizure of an item pawned or deposited in a pawnshop; on conducting a personal search, with the exception of cases provided for in Article 93 of the Code of Criminal Procedure; on the seizure of objects and documents containing state or other secrets protected by law, as well as objects and documents containing information about deposits and accounts of citizens in banks and other credit organizations; on the seizure of correspondence, permission to inspect and seize it in communication institutions; on monitoring and recording telephone and other conversations; on obtaining information about connections between subscribers and (or) subscriber devices; about exhumation against the will of the relatives of the deceased. The judicial procedure for obtaining permission to conduct an investigative action is as follows. The investigator issues a reasoned decision to initiate a petition to the court to carry out the appropriate investigative action. Case materials confirming its validity may be attached to the petition. The petition is submitted to the court and considered in a court session no later than 24 hours from the moment it is received by the court. The court, by notifying the time of the hearing, ensures the participation of the prosecutor and the investigator in it. Their failure to appear does not prevent the consideration of the application. Based on the results of the meeting, the judge issues a reasoned decision, which comes into force immediately. In urgent cases, an inspection of a home, a search and seizure of a home, a personal search, and the seizure of an item pledged or deposited in a pawnshop can be carried out without a court decision based on a reasoned decision of the investigator. The basis for the use of these investigative actions is an urgent situation - the occurrence of such circumstances that give reason to believe that delay may actually lead to the loss of traces of the crime, the concealment of the persons who committed it, and the loss of the possibility of compensation for damage caused by the crime. Within 24 hours from the start of the investigative action, the investigator notifies the judge about this. The notification is accompanied by materials confirming the legality and validity of the investigator’s actions (a copy of the resolution, a protocol of the investigative action, etc.). The court in a court hearing verifies the legality of the investigator’s actions. Based on the results of the meeting, the judge makes a decision on the legality or illegality of the investigative action. Established violations of the law entail the legal nullity of the evidence obtained, which will be considered inadmissible and cannot be used as the basis for charges5. investigative criminal procedural law

2. Investigative actions are carried out on the initiative of the investigator, interrogating officer. However, they can be carried out on the written instructions of the prosecutor, the head of the investigative unit or at the request of such participants in the process as the accused, his defense attorney, legal representative, victim, civil plaintiff, civil defendant and their representatives.

The law provides for cases of mandatory conduct of certain investigative actions. So, according to Art. 228 of the PC, to establish the causes of death, the nature and severity of bodily injuries; the age of the suspect, accused, victim, when this is important for the criminal case, and documents on age are missing or are in doubt; the mental or physical state of the suspect or accused, when doubt arises about their sanity or ability to independently defend their rights and legitimate interests in criminal proceedings; the mental or physical state of the victim, when doubt arises about his ability to correctly perceive the circumstances relevant to the criminal case and testify about them, it is necessary to order and conduct an examination.

3. An investigative action can be carried out only if there is a factual and legal basis. The factual basis is the presence of sufficient evidence giving reason to believe that during the investigative action information about facts relevant to the case can be obtained. The conclusion about the possibility of obtaining evidence during the planned investigative action is most often probable, but must be based on the evidence available in the case.

The legal basis for conducting an investigative action is the need to carry out the actions provided for by law, which must necessarily precede the conduct of the investigative action. The conduct of a number of investigative actions is associated by the legislator with the mandatory preliminary issuance of a resolution on their conduct. A reasoned decision to carry out an investigative action is issued in cases where the action procedure involves the possibility of serious government coercion. The resolution must precede such actions as exhumation, examination, search, seizure, obtaining samples for comparative research.

4. When carrying out investigative actions, moral principles and rules must be observed so that human dignity is not humiliated or a threat is created to the life and health of the person participating in this or that investigative action. These requirements follow from constitutional norms aimed at protecting the honor, dignity, and freedom of a citizen. They apply to all investigative actions, and when conducting such actions as a personal search, search, examination, obtaining samples for comparative research, they are directly enshrined in the law.
5. The procedure for conducting an investigative action and its procedural registration must strictly comply with criminal procedural legislation. The progress and results of the investigative action must be reflected in the protocol of the corresponding investigative action. Attention should be paid to the need to strictly follow the requirements of the legislator regarding the content of the investigative action protocol, since violations committed during the preparation of the protocol are just as dangerous from the point of view of solving the problems of the criminal process as violations during the investigative action. Common violations when recording the progress and results of an investigative action in the protocol include, for example, the following: failure to reflect in the protocol the time of the beginning and end of the investigative action (with all interruptions) accurate to the minute; not all persons who took part in the investigative action are listed in the protocol; the fact of explaining the rights and obligations of the participants in the action is not always confirmed by their signatures; excessively brief reflection in the protocol of the content of the investigative action (which does not always allow one to assess the legality of the search actions and the results obtained); ignoring the requirement to indicate in the protocol of some investigative actions the conditions in which they were carried out (weather, lighting); lack of indication of the technical means of fixation actually used; when objects and documents are confiscated during an investigative action, it is not indicated how they are packaged or whether they are packaged at all; witnesses, translators, and the person interrogated did not sign each page of the investigative protocol; the protocol as a whole is not signed by the investigator, etc.
6. At the discretion of the investigator, interrogating officer, a specialist may participate in the conduct of investigative actions, who, using his special knowledge in science, technology, art and craft, assists in the discovery and seizure of evidence. Unlike an expert, he does not give opinions on issues that arise during the investigative action.
7. In cases established by law, the participation of witnesses is provided, in particular, during an inspection of a home and other legal possession, a search, a personal search, identification, and checking evidence on the spot. Other investigative actions, including investigative inspection (in addition to inspection of the home), exhumation of the corpse, seizure, with some exceptions, investigative experiment, seizure of postal, telegraph and other items, their inspection and seizure, listening and recording of conversations, interrogation and examination , are carried out in accordance with the new legislation without witnesses.
8. The place and time of investigative actions are established by the investigator, interrogating officer. They are usually carried out in the investigator's office. However, such investigative actions as inspection of the crime scene, search, seizure, experiment, are carried out in a place determined by the nature of the crime. Some investigative actions, for example, checking evidence on the spot, begin in one place and often end in another.
9. Investigative actions must be carried out during the daytime, i.e. from 6 to 22 o'clock. At the same time, in emergency cases, when the investigation is carried out “hot on the trail,” certain investigative actions can be carried out at night. The duration of the investigative action is not established by law, except for the interrogation, which can last no more than 4 hours and should not last more than 8 hours a day, with the exception of the interrogation of a minor. The investigative experiment must be carried out under conditions as close as possible to the real situation that took place during the commission of the crime.
10. Involvement of participants in criminal proceedings in the investigative action. During the investigative action, by decision of the investigator, the accused, suspect, victim, and witness may take part. In cases where any of the participants in the investigative action does not speak the language in which the proceedings are being conducted, the investigator must ensure the participation of an interpreter. A resolution must be made on the appointment of a person as a translator. If an accused or suspect who has not reached 16 years of age (or has reached this age but suffers from a mental disorder or is lagging behind in mental development) takes part in an investigative action, the participation of a teacher or psychologist must be ensured.

The participation of a teacher is also mandatory when a victim or witness under the age of 14 participates in the action (at the discretion of the investigator, the teacher can also participate in cases where the witness and victim are between the ages of 14 and 18). The legal representative of a minor suspect or accused has the right to participate in the interrogation of the suspect or accused, and with the permission of the investigator, in other investigative actions carried out with the participation of the latter and his defense attorney.

The investigator, inviting the specified participants in criminal proceedings to participate in investigative actions, verifies their identity, explains to them their rights, duties, responsibilities, as well as the procedure for carrying out the corresponding investigative action.

11. When carrying out investigative actions, technical means and methods of detecting, recording and seizing traces of a crime, objects and documents that may be evidence in the case may be used. Such technical means may include various devices both having household purposes and from the category of forensic equipment ( measuring instruments, dacto films, powders, photos, cinema, audio, video equipment, etc. It seems that technical means can be used not only to detect, record and confiscate traces of a crime, objects and documents, but also to record the progress and results of investigative actions, including to ensure possible subsequent verification of the admissibility of evidence obtained during the investigative action.

Also, the conduct of investigative actions are criminal procedural norms that regulate each investigative action (Article 164 of the Code of Criminal Procedure). It is necessary to keep in mind that at the judicial stages of the criminal process there are slightly different rules for conducting investigative actions, characteristic of the adversarial model of regulation (Articles 240-260 of the Code of Criminal Procedure).

Investigative actions– these are procedural actions carried out by the investigator in accordance with the criminal procedure law, the purpose of which is to collect and verify evidence.

Investigative actions include: inspection, examination, investigative experiment, search, seizure, seizure of postal and telegraph items, control and recording of negotiations, interrogation, confrontation, presentation for identification, verification of evidence on the spot, forensic examination.

Inspection(Articles 176–178 of the Criminal Procedure Code). The law distinguishes between several types of inspection: inspection of the scene of the incident, terrain, home, objects and documents, inspection of the corpse. They are carried out in order to detect traces of a crime and clarify other circumstances relevant to the criminal case.

In urgent cases, an inspection of the scene of the incident may be carried out before the initiation of a criminal case.

Survey(Article 180 of the Criminal Procedure Code) is an examination of a person’s body in order to detect special signs on it, traces of a crime, bodily injuries, identify a state of intoxication or other properties and signs that are important for a criminal case, unless this requires judicial proceedings examination.

An examination of a suspect, accused, victim, as well as a witness may be carried out with his consent, except for cases where the examination is necessary to assess the reliability of his testimony. The investigator issues a resolution regarding the examination, which is mandatory for the person being examined.

Investigative experiment(Article 181 of the Criminal Procedure Code) is an investigative action consisting of conducting special experiments in order to obtain new or verify existing evidence, as well as to verify investigative versions about the mechanism of the commission of a crime, the origin of any facts and investigative versions about the mechanism of the crime committed crimes.

Search(Article 182 of the Criminal Procedure Code) - an investigative action, the content of which is a forced examination of premises, terrain and other objects or individual citizens in order to find and seize traces, instruments of crime, objects and valuables obtained by criminal means, as well as to detect wanted persons and documents relevant to the criminal case under investigation.

Notch(Article 183 of the Criminal Procedure Code) is an investigative action consisting of confiscating from a certain person objects and documents relevant to the case, when it is precisely established who has them and where they are located.

Seizure for postal and telegraphic items (Article 185 of the Criminal Procedure Code). According to Art. 23 of the Constitution, restriction of the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages is permitted only on the basis of a court decision.

Seizure of postal and telegraph correspondence is intended to detain said correspondence in order to obtain evidence about circumstances relevant to the case, temporarily stop the correspondence of relevant persons and achieve other goals of the investigation of the case.

Control and recording of negotiations(Article 186 of the Criminal Procedure Code). If there are sufficient grounds to believe that telephone and other conversations of the suspect, accused and other persons may contain information relevant to the criminal case, their control and recording are allowed in criminal proceedings on grave and especially grave crimes only on the basis of a court decision (Article 165 of the Criminal Procedure Code).

Interrogation(Articles 187–191 of the Criminal Procedure Code) is an investigative action consisting of obtaining testimony from a person who has information relevant to the case under investigation.

The following types of interrogation are distinguished::

by age of the interrogated (minor, minor, adult);

according to the procedural position of the interrogated (suspect, accused, victim, witness, expert, specialist);

according to the sequence of interrogation and the amount of information (additional, initial, repeated);

by the nature of the investigative situation (in a conflict situation, in a non-conflict situation);

by the composition of the interrogation participants (without participation or with the participation of third parties);

at the place of the interrogation (in the office of the investigator or person conducting the inquiry; in another place).

A person is summoned for questioning by a summons, which indicates who is called and in what capacity, to whom and at what address, the date and time of appearance for questioning, as well as the consequences of failure to appear without good reason. The subpoena is handed to the person summoned for questioning against a signature or transmitted via communication means.

A person summoned for questioning must appear on time or notify the investigator in advance of the reasons for failure to appear. In case of failure to appear without good reason, the person summoned for questioning may be brought into custody or other measures of procedural coercion may be applied to him, provided for in Art. 111 of the Criminal Procedure Code.

Confrontation(Article 192 of the Criminal Procedure Code) - an investigative action consisting of the simultaneous interrogation of two previously interrogated persons on circumstances significant to the case, about which they give conflicting testimony.

Presentation for identification(193 of the Criminal Procedure Code) is an investigative action consisting of showing the victim, witness, suspect or accused any object in order to establish identity or difference with the object that was in the past the object of observation of the identifying officer.

Checking readings on site(Article 194 of the Criminal Procedure Code) - a complex investigative action consisting of showing a previously interrogated person the place and objects associated with the event under investigation, testifying about the event that occurred and demonstrating individual actions in order to verify existing evidence and find new evidence.

Production of forensic examination(Chapter 27 of the Criminal Procedure Code). Forensic examination is a procedural action consisting of carrying out, on behalf of the bodies of inquiry, preliminary investigation and court, in the procedural form established by law, special studies of objects in certain fields of science, art or craft and giving an opinion on issues raised on the merits of the case.

Basis and procedure for inspection and certification.

Inspection consists of examining various objects by the investigator and other subjects of the criminal process to detect traces of a crime and clarify other circumstances relevant to the criminal case (Article 176 of the Code of Criminal Procedure).

Inspection- a generalizing concept that covers specific types of inspection: the scene of an incident, terrain, premises, objects, documents, corpse.

All inspections are carried out, as a rule, with the participation of at least two witnesses, with the exception of cases of inspection in hard-to-reach areas in the absence of appropriate means of communication, and also if the investigative action is associated with a danger to the life and health of people (Part 4 of Article 170 of the Code of Criminal Procedure ).

Inspection of the scene of the incident. The scene of an incident means a room, other object or area of the area where the event under investigation occurred, or another place accepted at the beginning of the investigation as the scene of the crime.

Inspection of premises as an independent investigative action is carried out only in cases where the premises are located outside the scene of the incident. Home inspection can only be carried out with the consent of the persons living in it or on the basis of a court decision. Housing means an individual residential building with its residential and non-residential premises, residential premises, regardless of the form of ownership, included in the housing stock and used for permanent or temporary residence, as well as other premises or buildings not included in the housing stock, but used for temporary residence (clause 10, article 5 of the Code of Criminal Procedure).

Inspections of items and documents are made directly during the inspection of the scene of the incident, premises or areas of the area. They act as separate actions when there is a need to examine objects or documents outside the investigative action that resulted in their discovery or seizure, as well as when objects and documents are presented to the investigator at his request or on the initiative of citizens, organizations, enterprises, institutions .

Examination of the corpse carried out by the investigator at the place of its discovery, which may be the scene of the incident. As an independent investigative action, an examination of a corpse can be carried out when, before the arrival of the investigator, the corpse is moved from the place of its discovery to a morgue, hospital or some other place.

The corpse is examined with the participation of witnesses, a forensic expert, and, if his participation is impossible, a doctor. Unidentified corpses are subject to mandatory photography and fingerprinting.

Survey It does not consist of examining the body of a living person in order to detect special signs, traces of a crime, bodily injuries, identify a state of intoxication or other properties and signs that are significant for a criminal case, unless a forensic medical examination is required. An accused, a suspect, a victim, as well as a witness with his consent may be examined, except in cases where the examination is necessary to assess the reliability of his testimony (Article 179 of the Code of Criminal Procedure).

The investigator issues a decision on the conduct of the examination.

Investigative actions are methods of collecting and verifying evidence that are regulated in detail by law and provided with the possibility of using state coercion. The importance of investigative actions is that they are the main way of collecting evidence, and therefore the main means of establishing the truth in a criminal case.

The current criminal procedure law divides all investigative actions into four groups according to the commonality of their techniques, means, methods of knowledge and certification of their progress and results:

* The first group is associated with “non-forced observation” - this is an inspection, examination, investigative experiment (Chapter 24 of the Code of Criminal Procedure).

* The second group of investigative actions uses surveillance of hard-to-reach objects - search, seizure, arrest of correspondence and control of negotiations, obtaining information about connections (Chapter 25).

* The third group of investigative actions widely uses questioning - interrogation, confrontation, identification and verification of testimony (Chapter 26 of the Code of Criminal Procedure).

* The fourth group consists of the study of hidden information - examination (Chapter 27).

General rules conducting investigative actions are criminal procedural norms that regulate each investigative action (Article 164 of the Code of Criminal Procedure). They are divided into three groups, representing generalized hypotheses, dispositions and sanctions for the institution of investigative actions:

1) Grounds and conditions for conducting investigative actions. The basis is the presence of information that it is necessary to obtain evidence of a certain type using these particular actions. The general conditions consist of the presence of an instituted case, a proper subject and the absence of immunity for the participants in the investigative action.

2) The procedure for conducting investigative actions includes the rules: on the place and time of their conduct; participants, sequence and techniques, recording progress and results.

3) Measures to ensure the conduct of investigative actions appear in the form of coercion for some participants in the criminal process and recognition of the results of investigative actions as unacceptable.

2. Inspection, examination, investigative experiment

Inspection as an investigative action is a personal perception and procedural fixation external signs objects to which, as a rule, there is free access (Articles 176–178 of the Code of Criminal Procedure).

The purposes of the inspection are: a) detection of traces of a crime; b) clarification of other circumstances relevant to the case; c) procedural fixation of signs of inspected objects.

The basis of an investigative examination is information that as a result of viewing an object (usually) accessible to the investigator, information relevant to the case can be obtained.

The investigative examination has the following features:

* a mandatory participant in the inspection is a representative of the administration of the organization that owns the inspected premises (Part 6 of Article 177). Witnesses participate in the inspection at the discretion of the investigator, if technical means of recording the progress and results of the inspection are used (Part 1.1, Article 170). Participants in the inspection must perceive all relevant circumstances;

* only those items that are relevant to the case are subject to seizure during inspection;

* the protocol indicates the conditions of observation, as well as its objective results.

Types of investigative inspection: inspection of the crime scene, inspection of the area, inspection of the home, inspection of other premises, inspection of objects and documents, inspection of the corpse, inspection of animals.

Inspection of the scene of the incident is determined by the need for urgent investigation of an accessible object. Therefore, it can be carried out even before the decision to initiate a case is issued.

Inspection of a home against the will of the persons living in it is carried out by court decision, that is, forcibly.

An examination of a corpse requires the mandatory participation of a specialist in the field of forensic medicine, and if his participation is impossible, another doctor. Removal of a corpse from the place of its official burial (exhumation) against the will of the relatives of the deceased is permitted only by court decision.

An examination as an investigative action is a procedural examination of the suspect, accused, victim and witness to establish on their body traces of a crime, special signs or other external signs of the person being examined (Article 179 of the Code of Criminal Procedure).

The basis for the examination is evidence of the presence of traces on the body that need to be identified.

The conditions for conducting an examination are: the absence of grounds for ordering a forensic examination and the consent of the witness to have his body examined (except for cases where the examination is necessary to assess the reliability of his testimony).

The Criminal Procedure Law highlights the following features of the examination:

* the need to issue a reasoned decision (to monitor the validity of coercion);

* examinations involving nudity are carried out only in the presence of persons of the same gender as the person being examined (except for the doctor, who can be of any gender);

* during an examination involving nudity, technical means of image recording are used only with the consent of the person being examined;

An investigative experiment is an investigative action consisting of conducting special experiments in order to verify and clarify data relevant to a criminal case (Article 181 of the Code of Criminal Procedure).

The conditions for conducting an investigative experiment are: a) there is no need for independent use special knowledge, b) accuracy of reconstruction of the conditions under which the actions or events being verified occurred.

Investigative experiments are divided into the following types:

1) Consisting in the reproduction of actions (acts of will) to establish the possibility of a) perception of any fact in certain conditions; b) performing a certain action; c) performing actions that require special skills.

2) Consisting in the reconstruction of events (circumstances independent of human will) to establish: a) the possibility of the occurrence of any phenomenon or fact; b) the mechanism of the event as a whole or its individual details; c) the mechanism of trace formation.

Mandatory participants in this investigative action are witnesses.

3. Search. Notch. Seizure of postal and telegraphic items. Control and recording of negotiations. Obtaining information about connections between subscribers and (or) subscriber devices.

A search is a procedural forced examination of objects for the purpose of detecting and seizing (recording) objects and documents relevant to the case, as well as detecting wanted persons and corpses (Articles 182, 184 of the Code of Criminal Procedure).

The grounds for conducting a search are specific data that the required objects may be in someone’s legal possession (some place, some person). The search is carried out based on a reasoned decision. A personal search, a search of a home, credit institutions, or a lawyer must be carried out on the basis of a court decision.

The search process has the following features:

* Before the search begins, the investigator presents a resolution and, if necessary, a court decision and offers to voluntarily hand over the sought objects and items seized from circulation.

* During a search, additional restrictions may be imposed on those present: a ban on leaving the search site or communicating with each other or other persons.

* Special procedure for the seizure of electronic storage media and its copying (Part 9.1, Article 182).

* Mandatory participants in the search are: the person whose premises are being searched, or adult members of his family, or his representative; witnesses; defender and lawyer of the owner of the searched premises, who filed a petition for this.

* During a search, special measures must be taken to preserve privacy; it is prohibited to damage property unnecessarily.

The following types of search are distinguished: a search in an emergency situation, a search in a home, in another room or area, a personal search, a search in relation to persons with immunity.

A personal search consists of examining a person’s body, the clothes he is wearing, and the things he has with him (Article 184 of the Code of Criminal Procedure). It is carried out by court decision1 in the presence of witnesses and other persons of the same sex as the person being searched.

Seizure is an investigative action consisting of a procedural forced seizure (fixation) of certain objects and documents that are important to the case, when their location is precisely known (Article 183 of the Code of Criminal Procedure). The grounds for seizure are evidence indicating, firstly, the individual characteristics of the item to be seized, and secondly, its exact location. Thus, unlike a search, during a seizure there are no search actions. The procedure for making a seizure is the same as during a search.

By court decision, the home is seized and objects and documents containing state or other secrets protected by federal law are seized, as well as things pledged or deposited in a pawnshop. During seizure, a special procedure is provided for the seizure of electronic media and its copying, which provides for the mandatory participation of a specialist and witnesses (Part 3.1, Article 183).

Seizure of postal and telegraph items, their inspection and seizure (Article 185 of the Code of Criminal Procedure) is carried out by a court decision on existing media (items) and is carried out by postal operators. The basis for seizure is evidence that postal and telegraphic items may contain information relevant to the case.

1) The investigator, with the consent of the head of the investigative body, issues a resolution to initiate a corresponding petition before the court and obtains permission from the court.

2) Execution of seizure of postal and telegraph items by the telecom operator, who notifies the investigator of the fact of detention of items.

3) Inspection and seizure of items in the presence of witnesses from among the employees of this communication institution.

4) The arrest is canceled by a decision of the investigator when it is no longer necessary, with notification of this to the court and the prosecutor.

Monitoring telephone and other conversations is listening and recording conversations using any means of communication, inspecting and listening to phonograms. This investigative action consists of the following elements: 1) instructions from the investigator to specialized bodies to listen to and record telephone and other conversations of persons who may have information relevant to the criminal case, 2) requesting a phonogram and 3) recording the conversations in the protocol (Article 186 of the Code of Criminal Procedure) ).

The basis for monitoring and recording negotiations is data on the possibility of obtaining relevant information from negotiations of various persons. As a special condition for this investigative action, the law recognizes the existence of proceedings for a serious or especially serious crime.

As a general rule, control and recording of negotiations is carried out by court decision. Without a court decision, this investigative action is carried out upon a written statement from one of the participants in the negotiations, when there is a real threat of violence, extortion or other criminal actions against the victim, witness, or their loved ones.

The period for monitoring and recording negotiations cannot exceed the period of the preliminary investigation and is set within six months.

Obtaining information about connections (Article 186.1 of the Code of Criminal Procedure) consists of obtaining, on the basis of a court decision, the investigator (inquirer) from the telecom operator information about the date, time, duration of connections between subscribers and (or) subscriber devices (user equipment), subscriber numbers, other data allowing to identify subscribers, as well as information about the numbers and location of transceiver base stations (clause 24.1 of article 5 of the Code of Criminal Procedure).

Obtaining information about connections, like the arrest of correspondence, is performed by telecom operators, but differs in subject matter - information about connections does not apply to postal and telegraphic items; It is not included in the content of the controlled negotiations themselves when applying Art. 186. Obtaining information about connections, in contrast to seizure (Article 183), assumes that telecom operators themselves select (including must produce in the future within a specified period) the necessary information and present it to the investigator.

The procedure for carrying out this investigative action consists of the following stages.

1) The investigator, with the consent of the head of the investigative body, issues a resolution to initiate a corresponding petition before the court and obtains permission from the court to obtain information for a period of up to 6 months.

2) Execution of the court decision by the telecom operator, who provides information at least once a week.

3) Examination by the investigator of documents and their inclusion as material evidence in the case materials.

4) Cancellation by a decision of the investigator when this investigative action is no longer necessary, but no later than the end of the preliminary investigation.

4. Interrogation. Confrontation.

An interrogation is a procedural questioning of one person with the aim of obtaining oral testimony from him and their procedural recording (Articles 187-191 of the Code of Criminal Procedure).

General rules for conducting interrogation include rules governing: 1) the grounds, conditions and purposes of interrogation; 2) place, time and duration of interrogation; 3) the general rights of the interrogated person, the procedure for calling him; 4) subject of interrogation; 5) the procedure and techniques of interrogation; 6) the circle of optional interrogation participants; 7) recording the progress and results of the interrogation.

The interrogation process has some features:

The duration of continuous interrogation is limited to four hours, and the total duration of interrogation during the day is limited to eight hours. The eight-hour interrogation is interrupted for at least 1 hour for rest and eating. For interrogation of minors, the interrogation time is further reduced (Part 1 of Article 191).

The interrogated person has the right not to testify against himself and his loved ones, provided for in Art. 51 of the Constitution of the Russian Federation;

At the beginning of the interrogation, the identity of the interrogated person is established, the rights and obligations and the procedure for conducting investigative actions are explained to him. During interrogation, it is prohibited to ask leading questions and use measures prohibited by law. Otherwise, the investigator (interrogator) is free to choose interrogation tactics;

Features of recording testimony are that they are recorded in the first person and, if possible, verbatim. The interrogated person additionally signs each page of the protocol.

Types of interrogation are distinguished by the category of those being interrogated: interrogation of a witness, victim, suspect, accused, expert, specialist, as well as a minor.

The peculiarities of the interrogation of the witness and the victim are to warn them of criminal liability for refusal to testify and for giving false testimony. Witnesses called in the same case are interrogated separately and in the absence of other witnesses. The investigator must take measures to ensure that witnesses being questioned in the same criminal case cannot communicate with each other. The witness has the right to appear for questioning with a lawyer.

The peculiarity of the interrogation of the suspect and the accused is that giving evidence is their right, exercising the powers of the defense.

A confrontation is a sequential interrogation in the presence of each other of previously interrogated persons, between whose testimony there are significant contradictions (Article 192 of the Code of Criminal Procedure). As a special type of interrogation, all its general rules apply to confrontation.

The basis for a confrontation is the presence of significant contradictions in previously given testimony. A special condition for confrontation is the mandatory preliminary interrogation of its participants.

Unlike a regular interrogation, in a confrontation it is first determined whether the participants know each other and what kind of relationship they have with each other. Then the persons take turns giving evidence on contradictory circumstances. After this, they may be asked questions by the investigator. With the permission of the investigator, participants in the confrontation may ask questions to each other. The disclosure of previously given testimony - derivative evidence - is allowed only after testimony at a confrontation - initial evidence. A special feature of recording the progress and results of the confrontation is the serial recording of testimony and its additional certification with the signature of the participant in the confrontation.

5. Presentation for identification and verification of evidence on the spot

Presentation for identification is a procedural identification by a person of an object that he previously perceived (Article 193 of the Code of Criminal Procedure).

The basis for presentation for identification is the need for identification and data that a person is able to recognize an object by signs that do not require special knowledge for their identification and are not individually determined.

A special condition for identification is a preliminary interrogation of the identifier about the circumstances under which he perceived the object, and about the signs by which he can identify the object.

A witness, victim, suspect and accused can act as an identifier or identifiable person.

The law prohibits repeated identification by the same person using the same characteristics.

Types of identification are distinguished primarily by its objects: identification of living persons, identification from photographs, identification of a corpse, identification of objects. When identifying living persons, two more types of this investigative action are specific: identification in conditions that exclude visual observation of the identifier by the identifier, and counter identification.

Identification of living persons has a generic procedure in relation to other types of identification. The identifiable person is presented for identification among at least two other persons (extras) who are externally similar to the identifiable person, in the presence of attesting witnesses. Before the presentation begins, the person being identified is asked to take any place among the extras. After this, an identifying officer is called. He is asked to indicate the person about whom he gave evidence. In this case, the person identifying must explain by what signs he recognizes the person being identified. The progress and results of the identification are recorded in the protocol.

The identification of the corpse occurs without the participation of extras. The object is presented in a group of homogeneous objects of at least three. When presented for identification, the participation of witnesses is mandatory (Part 1 of Article 170 of the Code of Criminal Procedure).

Verification of testimony on the spot consists of a person giving testimony and reproducing his actions in the place about which he previously gave testimony (Article 194 of the Code of Criminal Procedure).

The purposes of checking testimony on the spot are: a) to establish the person’s awareness of the area and circumstances of the event; b) discovery of previously unknown circumstances; c) clarification of previously given indications. The basis for checking the evidence is evidence that it can achieve its goals. A special condition for checking testimony on the spot is the preliminary interrogation of the person.

When checking testimony on the spot, the participation of witnesses is mandatory and the general rules of interrogation must be observed. Verification of testimony begins with the person indicating the place where his testimony will be checked, followed by a free story. Questions are asked to the person only after demonstration of actions. Outside interference in the course of the inspection, leading questions, and simultaneous verification of the testimony of several persons are not allowed.

6. Forensic examination

The essence of a forensic examination is that a person - an expert, based on his special knowledge, conducts an independent procedural study according to the decision of the authorities conducting the case.

The basis for appointing an examination is the need to establish facts using an expert opinion - a special source of evidence. However, in some cases, the appointment of an examination is mandatory (to establish the causes of death, the nature and degree of harm caused to health, mental or physical condition, the age of the accused, victim, witness (Article 196 of the Code of Criminal Procedure).

Special conditions for the appointment of an examination are the sufficiency of objects for research, the presence of scientifically based expert methodology on this subject and, as a general rule, the consent of the witness and the victim to their examination.

The production of a forensic examination consists of three stages: firstly, the appointment, secondly, the conduct of an independent procedural study by a person (persons) on the basis of his special knowledge and giving him an opinion (a message about the impossibility of giving an opinion) on the issues posed by the person conducting the proceedings body, and thirdly, familiarization of the parties with the results of the study.

The first stage - the appointment of an examination includes a number of sequential actions: 1) issuing a resolution to order an examination (on filing a petition with the court to order an examination related to the placement of the accused or suspect in a medical hospital); 2) familiarization with the resolution of interested parties and explanation of their rights; 3) obtaining, if necessary, the written consent of the victim and witness for their expert examination, 4) sending the materials of the criminal case for examination in an expert institution or outside an expert institution (from a private expert).

Types of examinations are distinguished by the subject of the study (single and commission), by subject (homogeneous and complex), by volume (main and additional), by the sequence of conduct (initial and repeated).

The procedural law provides for two measures to ensure the examination: obtaining samples for comparative research and placement in a hospital.

Obtaining samples for comparative research as an independent action is the procedural removal by the investigative body from a suspect, accused, witness or victim of objects reflecting their biological or psychophysical properties for the purpose of conducting an examination.

Placement in a medical organization providing medical or psychiatric care in an inpatient setting is a measure of procedural coercion applied by a court decision, consisting of the temporary detention of the accused or suspect in a medical hospital to ensure his expert examination.

1 The exceptions are a personal search before placement into custody, a personal search of a person conducted in a premise already being searched (Part 2 of Article 184 of the Code of Criminal Procedure) and a personal search in emergency situations (Part 5 of Article 165 of the Code of Criminal Procedure).

References

Chapter 6. Types of evidence (means of proof)

§ 2. Testimony of the suspect and accused

§ 3. Expert opinion

§ 4. Acts of audits and documentary checks

§ 5. Physical evidence

§ 6. Protocols of investigative and judicial actions

§ 7. Documents

Regulatory acts

Recommended and used literature

Chapter 7. Measures of criminal procedural coercion

§ 2. Grounds for applying preventive measures

§ 3. Types of preventive measures

§ 4. Judicial control over the legality and validity of arrest and extension of its term

§ 5. Procedural procedure for applying, changing and canceling preventive measures

Regulatory acts

Recommended and used literature

Chapter 8. Civil claim in criminal proceedings

§ 2. Civil claim at the stage of preliminary investigation

§ 3. Civil claim under trial

Regulatory acts

Literature

Chapter 9. Procedural documents, deadlines and legal costs

§ 2. Procedural deadlines

§ 3. Legal costs

Regulatory acts

Recommended and used literature

Special part

§ 2. Bodies having the right to initiate criminal cases

§ 3. Reasons and grounds for initiating a criminal case

§ 4. Circumstances precluding the initiation of criminal proceedings

§ 5. Procedural procedure for initiating a criminal case

§ 6. Prosecutor's supervision over the implementation of laws at the stage of initiating a criminal case

Regulatory acts

Recommended and used literature

Chapter 11. Inquiry and preliminary investigation

§ 2. Forms of preliminary investigation

§ 3. Types of inquiry

§ 4. Preliminary investigation in criminal proceedings

§ 5. Preliminary investigation system

§ 6. The relationship between operational search activities and investigative actions in the investigation of crimes

Regulatory acts

Recommended and used literature

Chapter 12. General conditions for conducting a preliminary investigation and inquiry

§ 1. The concept and meaning of the general conditions of preliminary investigation and inquiry

§ 2. System of general conditions of preliminary investigation and characteristics of their types

§ 1. The concept and meaning of the general conditions of preliminary investigation and inquiry

§ 2. System of general conditions of preliminary investigation and characteristics of their types

Regulatory acts

Recommended and used literature

Chapter 13. Legal basis for interaction between the investigator and the investigative bodies in the investigation of crimes

§ 2. Interaction of the investigator with the bodies of inquiry

§ 3. Interaction of the investigator with the public during the preliminary investigation

§ 4. The role of the head of the investigative department (department) and the head of the internal affairs agency in organizing the interaction of the investigator with the investigative authorities and the public

Regulatory acts

§ 2. Procedure for conducting investigative actions

Regulatory acts

§ 2. Procedure for conducting investigative actions

It is provided for in criminal procedural legislation and serves as an important guarantee for the collection, verification and evaluation of evidence by evidentiary authorities, investigators, prosecutors, courts and judges. Let's look at this order.

1. Interrogation of witnesses and victims(Article 155-160 Code of Criminal Procedure).

Interrogation of a witness and a victim is one of the most common investigative actions, which consists of the obligation to appear when called by the person conducting the inquiry or the investigator and give truthful testimony: report everything known to him about the case and answer the questions posed. In most criminal cases, questioning a witness is one of the main ways to obtain evidence.

The witness is summoned to the investigator by a subpoena, which is handed over to the witness against signature, and in the event of his temporary absence - to any of the adult family members or the housing maintenance organization, the administration at the witness’s place of work or the administration of the village, town or city, i.e. . at the place of residence. A witness may also be called by telephone message or telegram.

If a witness fails to appear when summoned without a good reason, he may be brought in based on the decision of the investigator by the police. The court also has the right to impose a monetary penalty on the witness in the amount of up to one third of the minimum wage.

Persons summoned for questioning as a witness from other localities must be reimbursed for the cost of appearance (cost of travel from the place of residence to the place of questioning and back), the cost of renting living quarters, and daily allowance.

The witness is interrogated at the place of investigation. The investigator has the right, if he finds it necessary, to conduct an interrogation at the location of the witness.

Witnesses called in the same case are interrogated separately and in the absence of other witnesses. At the same time, the investigator takes measures to ensure that witnesses in the same case cannot communicate with each other.

The common nature of the testimony of the witness and the victim is determined by the unity of the procedural rules for the conduct of their interrogation, therefore these rules will be considered together in the process of further presentation.

The subject of interrogation of the witness and the victim is any circumstances to be established in the case, including the identity of the accused, the victim and his relationship with them. Information about facts reported by witnesses and victims cannot serve as evidence if they cannot indicate the source of their knowledge.

For the victim, i.e. of a person to whom moral, physical or property harm has been caused by a crime, interrogation is a means of not only reporting information about the circumstances of the case, but also protecting one’s rights and legitimate interests. The victim, like the witness, is obliged to give truthful testimony. However, unlike a witness, this is not only an obligation, but also a right of the victim (Article 53 of the Code of Criminal Procedure). The investigator is obliged to interrogate the victim if he insists on his right to testify.

The subject of testimony may be any person who has become aware of the circumstances to be established in the case, with the exception of citizens specified in Art. 72 Code of Criminal Procedure. These include: the defendant's defense attorney - about the circumstances of the case that became known to him in connection with the performance of his duties as a defense attorney; a person who, due to his physical or mental disabilities, is not able to correctly perceive the circumstances that are important to the case and give correct testimony about them; lawyer, trade union representative and other public organization- about the circumstances that became known to them in connection with the performance of their duties as a representative (for example, representatives of the accused). As you can see, this list includes, firstly, persons who cannot, in principle, be a source of reliable evidentiary information, and, secondly, persons who are ensured the normal performance of their functions and are guaranteed a trusting relationship with the client (represented) so that so that his frankness cannot be used to his detriment.

In addition, witnesses and victims are not required to testify against themselves, spouses and close relatives, the circle of whom is named in paragraph 9 of Art. 34 of the Code of Criminal Procedure - these are parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren. Federal law may establish other cases of exemption from the obligation to testify (Article 51 of the Constitution of the Russian Federation). Thus, the Code of Criminal Procedure exempted clergy from the obligation to testify on circumstances that became known to them during confession (Clause 11, Article 5 of the Code of Criminal Procedure).

The Federal Law of May 8, 1994 “On the status of a deputy of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly” granted deputies of the Federal Assembly the right to refuse to testify about circumstances that became known to them in connection with the performance of their deputy duties 1 .

At the beginning of the interrogation, the investigator establishes the relationship of the witness and the victim to the accused and finds out the necessary information about the identity of the interrogated (Article 158 of the Code of Criminal Procedure). The substantive interrogation begins with an invitation to the witness and the victim to tell everything known about the circumstances in connection with which the interrogation is being conducted, after which they may be asked questions. Questions can be clarifying or specifying the data received from the interrogated person. Leading questions are not allowed (Part 5 of Article 158 of the Code of Criminal Procedure).

The testimony of witnesses and victims is recorded in a protocol, which indicates the place and date of the interrogation, the full name of the person who compiled it, the full name of the interrogation participants, and, if necessary, their addresses. The protocol also notes that the witness and the victim were explained their duties and responsibilities for refusing or avoiding giving evidence and for giving knowingly false testimony, and the protocol of interrogation of the victim also indicates an explanation of the procedural rights granted to him. If a translator participates in the interrogation, the protocol states that his duties were explained to him and he was warned about the responsibility for knowingly incorrect translation, which is certified by the signature of the translator himself.

The testimony of the witness and the victim is recorded in the first person and, if possible, verbatim (Article 151.160 of the Code of Criminal Procedure), and, if necessary, the questions asked and the answers to them. At the end of the interrogation, the protocol is presented to the witness and the victim for reading or, at their request, is read by the investigator. The witness and the victim have the right to demand additions to the protocol and amendments to it, which are subject to mandatory inclusion in the protocol.

After giving testimony by the witness and the victim, if they so request, they should be given the opportunity to write their testimony in their own hand, which is also noted in the protocol.

The correctness of the protocol drawn up is certified by the signature of the interrogated person and the investigator. If the protocol is drawn up on several pages, each page is signed (Articles 151, 160 of the Code of Criminal Procedure).

The protocol can be handwritten or typed. To ensure completeness of the protocol, shorthand may be used. In cases where other persons (interpreter, specialist, prosecutor) took part in the interrogation, they are also required to sign the protocol.

During interrogation, by decision of the investigator or at the request of the interrogated person, a sound recording may be made. In this case, the entire interrogation must be recorded. And this should be specifically mentioned in the protocol. At the end of the interrogation, the sound recording is played back to the interrogated person, who has the right to make comments regarding its accuracy and completeness. Any remark on this matter is reflected in the interrogation protocol (Article 141 1 of the Code of Criminal Procedure).

Interrogation of a minor witness has its own characteristics. A witness under the age of sixteen is summoned for questioning through his parents or other legal representatives. A different order of calling is allowed when the circumstances of the case require it.

When interrogating a witness under the age of fourteen, and at the discretion of the investigator, when interrogating a witness from fourteen to sixteen years old, a teacher is called. If necessary, close relatives of the minor or his legal representatives are also invited. The specified persons are explained their rights and obligations, which is noted in the protocol. With the permission of the investigator, they can ask questions of the witness. The investigator has the right to reject the question asked, but is obliged to enter it into the protocol. At the end of the interrogation, those present confirm with their signature the correctness of the recording of the witness’s testimony.

Witnesses under the age of sixteen are not warned of criminal liability for refusal or evasion to testify or for giving knowingly false testimony. However, they are explained the need to truthfully tell everything known about the case.

2. Confrontation(Articles 162-163 Code of Criminal Procedure).

A confrontation consists of the simultaneous interrogation of two previously interrogated persons, in whose testimony there are significant contradictions (Article 162 of the Code of Criminal Procedure). The grounds and procedure for conducting a confrontation are determined by the following rules. Confrontation can take place between the victim and the accused (suspect), two accused, a witness and the accused, etc.

When conducting a confrontation, the general rules established for the interrogation of persons participating in it are observed.

Confrontation has several varieties, depending on its participants. It can be carried out with the participation of: a) two witnesses; b) two victims; c) two suspects; d) two accused;

e) witness and victim; g) the victim and the accused (suspect); h) witness and accused (suspect); f) the accused and the suspect.

The procedure for confrontation varies somewhat depending on the combination of persons taking part in it. Witnesses and victims summoned to a confrontation are warned before the confrontation under Art. 307 and 308 of the Criminal Code of the Russian Federation for giving knowingly false testimony and for refusing or avoiding giving testimony. Suspects and accused are not warned about this, since giving evidence is their right, not their obligation.

Revealed contradictions in the testimony of previously interrogated persons do not always indicate the presence of lies. Even significant contradictions may result from the person being questioned being mistaken or misperceiving the facts and events. This means that the investigator, warning a witness or victim about criminal liability, must explain to him the purpose of the confrontation, i.e. report that the investigative action is being carried out in connection with significant contradictions revealed in previous testimony, and that the elimination of these contradictions is important for establishing the truth in the case.

Other persons may also take part in the confrontation. If one or both persons summoned to a confrontation do not speak the language in which the proceedings are being conducted, then one or two interpreters will participate.

The defense attorney may take part in the confrontation in all cases when he is admitted to participate in the case and one of the participants in the confrontation is the suspect or accused. In this case, the defense attorney may ask questions to the interrogated, make written comments regarding the correctness and completeness of the entries in the confrontation protocol.

The investigator can dismiss the defense lawyer’s questions, but is obliged to enter the dismissed questions into the protocol (Article 51 of the Code of Criminal Procedure).

When starting a confrontation interrogation, the investigator first asks the participants whether they know each other and what their relationship is with each other. They are then asked to testify about the circumstances about which there is significant controversy. After giving evidence, the investigator can ask each of the interrogated questions, recording them in the protocol. The investigator can read out previously given testimony, which often makes it possible to eliminate contradictions in this testimony. For the same purposes, a sound recording of previously given readings can be played back.

The confrontation is documented in a protocol. Each participant in the confrontation signs his testimony on each page and at the end the entire protocol. At the request of the interrogated, the protocol can be read by the investigator (Article 163 of the Code of Criminal Procedure). After familiarizing himself with the contents of the protocol, he has the right to demand additions and amendments to it. The investigator signs the protocol after the interrogated persons.

When conducting a confrontation with the participation of a minor, the same rules apply as when interrogating a minor.

3. Presentation for identification(Articles 164-166 Code of Criminal Procedure). Presentation for identification is an investigative action consisting of presenting an object to the identifying person for the purpose of identifying it or establishing a group affiliation with an object that was observed by the identifying person earlier. Objects of identification can be people, animals, corpses, things, buildings, terrain (or parts thereof) and other objects of the material world, the need for identification of which may arise during criminal proceedings. The object of identification can also be a voice recorded on film.

The total number of persons presented for identification must be at least three. The object is presented for identification in a group of homogeneous objects. Only the corpse is presented for identification singular. If it is impossible to present it for identification in kind, it can be done from photographs in the amount of at least three.

The subjects of identification can be witnesses, victims, suspects or accused.

Presentation for identification is carried out in the presence of witnesses.

Those identifying are first interrogated about the circumstances under which they observed the object, and about objects and features by which they can make an identification. If testimony about the signs and circumstances of observing the object was given earlier, then interrogation is not carried out again before presentation, except in cases where significant time has passed since the first interrogation and the investigator has reason to believe that the identifying officer could have forgotten the signs and circumstances in which he observed object, or he did not describe them fully enough.

During the interrogation preceding presentation for identification, it must be established where, when, under what circumstances, for how long, in what weather, lighting, at what distance the identifying object to be identified was observed; what are its signs and features; what state the identifier was in (the state of his senses, etc.).

If the object of identification is a person, then the identifier is presented with a group of persons who, if possible, are similar in appearance to the person being identified. Similarity in appearance should be manifested in the fact that all presented persons must be of the same gender and not have sharp differences in height, physique, clothing, etc.

Before the presentation begins, the person being identified is asked to take any place among other persons presented together with him. If there are several identifiers, then each of the identifiers is presented with the identifier separately in order to avoid the influence of the answers of one identifier on other persons who are to make the identification.

The object for identification is presented in a group of homogeneous objects that have the same generic and species characteristics.

In cases where the identification person is a witness and a victim, before presenting the object for identification, they are warned about liability for refusal or evasion to testify and for knowingly giving false testimony, which is noted in the protocol.

During the presentation for identification, the identifying person is asked to indicate the person, object or other object about which he gave evidence, and list the specific features by which he identified him. Leading questions are not allowed.

During identification, scientific and technical means (photo, video, filming, sound recording, etc.) can be used.

Repeated presentation for identification is, as a rule, not permissible.

On presentation for identification, a protocol is drawn up, which indicates information about the identity of the identifier, brief information about the objects presented for identification, and, if possible, the testimony of the identifier is stated verbatim.

The protocol is signed by the investigator, attesting witnesses, and when presented for identification of people - by the persons who were presented together with the person to be identified.

4. The procedure for inspection and certification(Articles 178-181 Code of Criminal Procedure).

An inspection is an investigative action consisting of a direct examination by the investigator of various material objects in order to detect traces of a crime and establish other circumstances relevant to the case. The grounds for the inspection are defined in Art. 178 Code of Criminal Procedure. These are the existence of reasonable assumptions by the person conducting the inquiry, the investigator, that traces of a crime and other material evidence, as well as other circumstances relevant to the case, may be found at the scene of the incident, on the ground, in the premises or on objects and documents, to clarify the circumstances of the incident.

In addition to those specified in Art. 178 Code of Criminal Procedure types of inspection (scene of incident, terrain, premises, objects and documents), also provides for inspection of postal and telegraph correspondence (Article 179 Code of Criminal Procedure), inspection of a corpse (Article 180 Code of Criminal Procedure).

The most common type is an inspection of the scene of the incident. Considering its exceptional importance for detecting and solving a crime, the law allows this investigative action to be carried out before the initiation of a criminal case. In this case, if there are grounds for it, a criminal case is initiated immediately after examining the scene of the incident.

Despite the variety of types of inspection, the procedural procedure for their production and execution is established uniformly.

Any type of inspection is carried out in the presence of witnesses. When inspecting postal and telegraph correspondence, witnesses are invited only from among the employees of the postal and telegraph institution. If necessary, the investigator may involve the accused, suspect, victim, witness, as well as an appropriate specialist in participation in the inspection. During an external examination of a corpse, a specialist in the field of forensic medicine must be invited as a specialist, and if his participation is impossible, another doctor must be invited. In addition to the doctor, another specialist may also be involved when examining the corpse.

In some cases, in order to inspect a corpse, it becomes necessary to remove it from the burial site (exhumation). The investigator must issue a special resolution on this. During the inspection, the investigator (the person conducting the inquiry) takes measurements, photographs, films, draws up plans and diagrams, makes casts and impressions of traces. Objects and documents discovered during the inspection of the scene of the incident (terrain or premises) are examined on the spot, and the results are recorded in the protocol of the corresponding investigative action. If the inspection of objects or documents requires a long time (or for other reasons), their inspection may be carried out later at the place of investigation. If necessary, seized items are packaged and sealed.

An examination is an investigative action consisting of examining a person’s body in order to detect traces, crimes, special signs and other data relevant to the case, as well as to establish the condition of the person being examined (Article 181 of the Code of Criminal Procedure). So, in contrast to the inspection of the scene, terrain, premises, objects and documents (i.e. inanimate objects), the inspection has a living person as its object.

Since the examination affects the individual’s right to inviolability and personal freedom of citizens, it is therefore separated into an independent investigative action. The law determined a special procedural procedure for its implementation.

Firstly, The examination is carried out only in relation to the accused, suspect, witness or victim.

No other person may be examined.

Secondly, it is carried out only to establish on the body of these persons traces of a crime or the presence of special signs (unless a forensic medical examination is required).

Third, To conduct it, the investigator or the person conducting the inquiry issues a resolution that is binding on the person in respect of whom it was issued.

Fourthly, During the examination, actions that are degrading or dangerous to the health of the person being examined are not allowed. When it is carried out with the nakedness of the person being examined, the investigator and witnesses must be of the same sex. Otherwise, the examination is carried out by a doctor. A doctor may also be involved as a specialist if the examination is carried out by the investigator himself.

The results of the inspection and examination are documented in a protocol of the corresponding investigative action. The inspection and examination protocol, like any other investigative action protocol, must be drawn up in compliance with the requirements of Art. 141, 142 Code of Criminal Procedure. It is the protocol that is the source of evidence (factual data) that is established by the investigator or the person conducting the inquiry during the inspection or examination. Therefore, this document must be drawn up completely, objectively and competently. It must describe all the actions of the investigator, as well as everything discovered during the inspection and examination in the sequence in which the inspection was carried out, and in the form in which what was discovered was observed at the time of the inspection or examination. The protocol also lists and describes everything seized during the inspection or examination (Part 2 of Article 182 of the Code of Criminal Procedure).

If it is necessary to remove a corpse from the burial site, the investigator issues a decision regarding this. This document indicates whose corpse is to be removed, where it is buried, and for what purposes this action is necessary. Exhumation is carried out if it is required: a) to conduct an inspection (including repeated) of the corpse;

b) present the corpse for identification; c) carry out an examination (including repeated or additional). The removal of the corpse is carried out in the presence of an investigator, witnesses and a doctor - a specialist in the field of forensic medicine, and, if necessary, in the presence of another specialist. The data obtained from these investigative actions, as well as their sequence, are entered into the general protocol for the exhumation of the corpse.

5. Procedure for seizure, search, and seizure of property (Articles 167-175 of the Code of Criminal Procedure).

Notch - This is an investigative action consisting of the seizure of individually defined objects and documents that are important to the case, if it is known exactly where and who has them. These items and documents may be given out voluntarily or forcibly confiscated. If this requires a forced inspection of residential or non-residential premises, in which objects subject to seizure are stored must be searched.

The expression “objects and documents that are important to the case” used in the procedural law cannot be interpreted narrowly. The objects of seizure, in addition to the indicated material evidence, can be documents that are important for the search for the fugitive accused (photographs, letters, etc.), items used as samples for comparative research (for example, tissue samples). Seizure of objects and documents occurs not only during seizure, but also during search and inspection. However, seizure in these cases is not an independent investigative action, but a component (element) of a search or inspection.

The procedural basis for a seizure is a reasoned decision made by the investigator. The factual basis is the information about the objects of seizure that is contained in the case materials. The decision made by the investigator to make a seizure does not require the sanction of the prosecutor. The exception is the seizure of postal and telegraph correspondence and documents containing information that is a state secret.

Search as an independent investigative action it consists of a forced inspection of premises and other places, and in a personal search - the body of a person and the clothes he is wearing (Article 168 of the Code of Criminal Procedure).

The investigator, having sufficient grounds to believe that in any premises or other place, or in the possession of any person, there are instruments of crime, objects and valuables obtained by criminal means, as well as other objects or documents that may be important to the case, conducts a search to find and seize them.

A search can also be carried out to locate wanted persons, as well as corpses.

The procedural basis for conducting a search is the investigator's decision. The factual basis is the data established during the investigation, which allows us to assume that in a certain room or in the possession of a certain person there are objects that are of significant importance to the case. All this data must be established procedurally, subjected to verification and reflected in the case materials.

The decision to conduct a search must be motivated, i.e. contain an indication of the factual grounds that determined the decision to produce it. The resolution must be authorized by the prosecutor or his deputy. Permission to conduct a search related to entry into a home against the will of the persons living in it can be issued by a court decision (Article 25 of the Constitution of the Russian Federation). In urgent cases, a search can be carried out without the sanction of the prosecutor, but with subsequent notification to the prosecutor within 24 hours (Part 3 of Article 168 of the Code of Criminal Procedure). A personal search without issuing a separate order and without the sanction of the prosecutor is possible: a) when detaining or taking a person into custody; b) if there are sufficient grounds to believe that a person who is in the premises or other place where the seizure or search is being carried out is hiding on himself objects and documents that may be important to the case (Article 172 of the Code of Criminal Procedure). In this case, a personal search must be carried out only by a person of the same sex as the person being searched and in the presence of witnesses of the same sex.

Urgent cases, when a search is possible without the sanction of the prosecutor, include the following: the urgency of the search is dictated by the circumstances of the crime just committed; a search is necessary to immediately suppress further criminal activities of a certain person; the grounds for the search arose suddenly during other investigative actions; Delay in the search may lead to destruction, concealment, damage to the objects being sought, and other similar circumstances.

As a general rule, searches are carried out during the day; only in exceptional cases are searches allowed at night.

A search in the premises occupied by diplomatic representatives, as well as in the premises where members of diplomatic missions and their families live, can be carried out only at the request or with the consent of the diplomatic representative, which is sought through the Ministry of Foreign Affairs of the Russian Federation. When conducting a search in these premises, the presence of a prosecutor and a representative of the Ministry of Foreign Affairs is mandatory (Article 173 of the Code of Criminal Procedure).

During a search, as well as a seizure, the presence of witnesses is mandatory. The presence of the person being searched or adult members of his family must also be ensured. If it is impossible for them to be present, a representative of the housing maintenance organization or the rural (village) administration is invited. An appropriate specialist may be involved in the search.

Opening locked premises and storage facilities during a search is permitted only in cases where the owner refuses to open them voluntarily. At the same time, the law obliges the investigator to avoid damage that is not caused by necessity.

If, during a seizure or search, circumstances of the intimate life of those persons in whom these investigative actions are being carried out or other persons are revealed, the investigator is obliged to take measures to ensure that information about them is not made public.

When starting a seizure, the investigator is obliged to present the decision he made on this matter. After this, during seizure, it is proposed to voluntarily hand over the items and documents to be seized. If you refuse to fulfill the offer made, the seizure is carried out forcibly.

If the proposal for extradition is fulfilled, the investigator has the right not to conduct a search. However, when making such a decision, you must be firmly convinced that there is no reason to fear the concealment of other items relevant to the case. If such fears cannot be excluded, a search must be carried out (Article 170 of the Code of Criminal Procedure).

Two types of seizure have their own characteristics: a) seizure of postal and telegraph correspondence and b) seizure of documents containing information that is a state secret. These features are associated with the restriction of important rights of citizens protected by the Constitution of the Russian Federation (Part 2 of Article 23). Therefore, to carry out such investigative actions, it is necessary not only to issue a resolution from the body of inquiry, the investigator or the prosecutor, but also a court decision allowing the corresponding action to be taken. By correspondence we mean not only all kinds of letters (postcards, closed letters, registered and valuable letters), but also telegrams, parcels, registered and simple parcels, transfers and other postal items. The inspection and seizure of detained correspondence is carried out in the presence of witnesses from among the employees of the given postal and telegraph institution (Article 174 of the Code of Criminal Procedure).

Seizure of documents containing information that is a state secret can also be carried out only with the permission of the prosecutor. The procedure for seizure in such cases is agreed upon with the head of the relevant institution (Article 167 of the Code of Criminal Procedure). Only persons authorized to familiarize themselves with the information may participate as witnesses.

this kind of information.

A protocol regarding the search or seizure is drawn up in compliance with the requirements provided for in Art. 141 and 176 Code of Criminal Procedure. The protocol should reflect the entire course of these actions and the results obtained. In relation to items and documents subject to seizure, it must be indicated whether they were issued voluntarily or seized forcibly, in what place and under what circumstances they were found. Everything seized must be listed and described in the protocol with a precise indication of the quantity, measure, weight or individual characteristics of the items and, if possible, their value. If necessary, a special inventory of items or documents seized or transferred for storage may be attached to the protocol.

The search or seizure protocol reflects data on the fulfillment of the requirements of Art. 169 of the Code of Criminal Procedure in relation to persons present during these investigative actions (ensuring the right to be present to those at whom these actions are carried out in person, ensuring the presence of relevant representatives of organizations, institutions, etc. when performing such actions, as well as the right to make statements regarding of these actions with recording of comments in the protocol).

If there is evidence that a crime has caused property damage, the investigator is obliged to take measures to secure a civil claim. In cases of crimes for which punishment in the form of confiscation of property is possible, it is necessary to take measures to ensure possible confiscation (Article 30 of the Code of Criminal Procedure). One of these measures is seizure of property, carried out on the basis of a reasoned decision of the investigator simultaneously with a seizure or search or independently (Article 175 of the Code of Criminal Procedure).

In order to secure a civil claim, the property of the accused, suspect or persons legally liable for their actions may be seized. At the same time, it is not allowed to seize items necessary for the accused and his dependents.

Seizure of property is carried out in the presence of witnesses. If the presence of the owner of the property is impossible, adult members of his family are invited, and in their absence - representatives of the housing maintenance organization or rural (village) administration (Article 176 of the Code of Criminal Procedure). If necessary, a commodity specialist may be invited. For a more detailed description of the seized property, a separate inventory is usually drawn up, attached to the protocol, with a precise indication of the quantity, measure, weight or individual characteristics and, if possible, their value. To ensure that property is not wasted or destroyed, measures are taken as provided for in Part 5-6 of Art. 175, art. 176-177 Code of Criminal Procedure.

A copy of the protocol and the inventory attached to it (if one was drawn up) is handed over against receipt to the person whose property was seized or the person replacing him.

Property that has been seized is transferred, by decision of the investigator, for storage to a representative of the housing maintenance organization, rural (settlement) administration, owner of this property or other persons. The person to whom the property is transferred for storage is explained responsibility for the waste, alienation or concealment of this property under Art. 312 of the Criminal Code, about which his signature is taken away and attached to the materials of the criminal case. If necessary, seized property may be confiscated and transferred for storage to a place indicated by the investigator.

Arrest may be imposed on cash, stored in banks in current or deposit accounts. On the seizure of cash, stored in the bank, a resolution is issued, a copy of which is sent to the relevant bank institution. Based on this resolution, any transactions with money located in a current or other account are terminated.

The seizure of property is canceled by a decision of the investigator if the use of this measure is no longer necessary in the future.

Seizure can be imposed not only on movable property, but also on real estate(residential or other building, house, dacha, part of a building, other structures firmly connected with land plot, as well as owned land).

On the seizure of real estate, the investigator issues a reasoned resolution indicating the name of the property, its location and estimated cost.

A copy of this resolution is sent to the appropriate department of the local administration. The seizure is reported to the notary office at the location of the seized property. The notary in the appropriate register sets out the prohibition on the alienation of seized property in accordance with current legislation (clause 3 of article 35 of the Fundamentals of the legislation of the Russian Federation on notaries). All this prevents transactions in relation to seized real estate.

6. Procedure, appointment and production of examination (Articles 78-82, 184-193 Code of Criminal Procedure).

An examination during a preliminary investigation is appointed in cases where special knowledge in science, technology, art or craft is required. The question of ordering an examination is decided by the investigator. However, the Law (Article 79 of the Code of Criminal Procedure) provides for cases of mandatory examination. Such cases include: a) establishing the cause of death; 2) establishing the nature of bodily injuries; 3) determination of the mental state of the suspect or accused, if doubt arises as to their sanity or ability at the time of the proceedings to be aware of their actions or to control them;

4) determination of the mental or physical state of a witness or victim, if doubt arises as to their ability to correctly perceive the circumstances that are important to the case and give correct testimony about them; 5) establishing the age of the suspect, accused, victim, if this is important for the case, and there are no documents about age (Article 79 of the Code of Criminal Procedure).

Having recognized the need to carry out an examination, the investigator draws up a reasoned resolution on this, which indicates the grounds for ordering the examination, the name of the expert or the name of the institution in which the examination should be carried out, the questions previously posed by the expert, and the materials made available to the expert. The resolution is the only procedural basis for conducting an examination during the preliminary investigation. An important part of this procedural act is the questions that are put to the expert’s permission. They must be carefully prepared and correctly formulated. Only short, clear questions that correspond to the expert’s level of specialized knowledge will contribute to obtaining an objective conclusion. Otherwise, as practice shows, conducting an examination often loses its meaning and entails the need to order additional or repeated examinations. Therefore, before formulating questions to the expert, it is advisable for the investigator to obtain advice from an appropriate specialist or refer to specialized literature.

The Resolution of the Plenum of the Supreme Court of the USSR “On Forensic Expertise in Criminal Cases” dated March 16, 1971 No. 1 and in the procedural literature indicate that it is not allowed to pose questions of a legal nature to the expert. However, this position is not indisputable, because the questions are whether, what exactly and by whom the special norms ensuring the safety of road traffic and navigation on sea and air routes were violated; safety of construction work, operation of industrial facilities, mechanisms, etc. (whether certain actions complied with the prescribed rules) can be put to the expert 2. At the same time, an expert’s examination of the fact and nature of the relevant violations can only relate to individual circumstances of the event and the actions of the person in it, but not establish the elements of the crime in full 3 .

1 See: Kruglikov A.D. Appointment and production of examination // Investigative actions. Volgograd, 1984. P. 208; Drozdov G.V. Preliminary investigation // Criminal process Russian Federation. M., 1995. P. 181, etc.

2 During the investigation of the circumstances of the accident on August 31, 1986 near Novorossiysk, when the cargo ship “Petr Vasev” collided with the passenger steamer “Admiral Nakhimov”, the examination was posed, in particular, the following questions: “Were there any violations of the safety rules of maritime transport of the USSR by workers motor ship and steamship, if so, which ones?” “Were there any violations of traffic safety rules and the operation of maritime transport during the rescue of passengers and crew?” (See: Interview with senior investigator for particularly important cases B. Uvarov // Social Legality. 1987. No. 2. P. 40-43.

3 See: Malkov V.P. Evidence // Commentary on the Criminal Procedure Code of the RSFSR / Nauchi, ed. V.T. Tomin. M., 1996. P. 143.

In most cases, the production of examinations is entrusted to state expert institutions specially created for the production of various types of examinations (expert institutions of the Ministry of Justice of the Russian Federation, the Ministry of Health of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and some other departments), which are staffed by highly qualified specialists who are proficient in scientific research methods and armed necessary scientific and technical means.

Taking into account the needs of practice, the law gives the investigator the right to entrust the examination to specialists who do not work in expert institutions. According to Art. 78 of the Code of Criminal Procedure, any person who has the necessary knowledge to give an opinion can be called as an expert. Before appointing such a person as an expert, the investigator is obliged to find out the necessary data about his specialty and competence (Part 2 of Article 184 of the Code of Criminal Procedure), and also to make sure that there are no circumstances specified in Art. 67 of the Code of Criminal Procedure, if established, the expert cannot take part in the proceedings.

7. Obtaining samples for comparative research for carrying out the examination. Before ordering an examination, the investigator must collect the materials necessary for the expert examination. It is important that the collection of materials is carried out in accordance with the requirements of criminal procedure legislation, otherwise the expert’s conclusion will be devoid of evidentiary value.

The investigator has the right to obtain handwriting samples or other samples necessary for a comparative study from the suspect, accused, victim and witness. Samples can be obtained from the victim and witness only if necessary to check whether these persons left traces at the scene of the incident or on material evidence (Article 186 of the Code of Criminal Procedure).

Investigative and judicial practice indicates that the range of samples for comparative research includes fingerprints, palm prints, soles, lips, forehead, other areas of skin, blood samples, saliva, hair, etc.

Since obtaining samples for comparative research from a certain person is a measure of coercion applied to him, this action can only be carried out by a reasoned decision of the investigator. If necessary, samples are removed with the participation of a specialist. So, to obtain blood samples and dental impressions, you need to involve an appropriate doctor.

Article 186 of the Code of Criminal Procedure does not provide for the presence of witnesses when obtaining samples for comparative research. However, the investigator may find it necessary to have witnesses present - for example, in the case of forced removal of samples.

A protocol on the seizure of samples is drawn up according to the rules of Art. 141 and 142 of the Code of Criminal Procedure. It requires indicating the time, place and conditions of the action in question, from whom, with whose participation or in the presence of whom, in what way and what samples were obtained. Descriptions of the seized samples and their packaging are also provided.

After presenting objects for research, the method of conducting the examination, for example, a stationary examination, falls within the competence of the expert. At the same time, the investigator, based on the circumstances of the case he is investigating, has the right to indicate in the decision on the appointment of an examination the need to conduct a forensic medical (forensic psychiatric) examination with the placement of the accused in an appropriate medical institution for inpatient observation.

The reliability of an expert’s conclusion is always directly dependent on the completeness and correctness of the selection of materials submitted for expert research. So, for example, the conclusion of expert psychiatrists is compared with data on the act, its motives and whether the person had behavioral deviations before it was committed, whether he was treated in psychiatric and neurological institutions, it is analyzed how fully the conclusion characterizes the symptoms, course, prognosis of the disease, etc. If there is doubt about the completeness of the examination of the mental state of the accused, an outpatient forensic psychiatric examination requires an inpatient examination.

Expertise in criminal cases is carried out on behalf of the bodies of inquiry, investigation and court. At the stage of preliminary investigation, such an order is formalized by a resolution of the investigator or the person conducting the inquiry, a judge, and the court issues a ruling. It is unacceptable to replace a resolution (or determination) on the appointment of an examination with other documents not provided for by law (a covering letter, a list of questions to the expert, etc.).

The resolution on the appointment of an examination consists of an introductory part of the resolution, in which it is necessary to indicate the date and place of its execution, by whom it was drawn up, the case for which the examination is appointed, the name of the accused (if identified) and the relevant articles of the Criminal Code.

The descriptive part should briefly outline the circumstances of the case that need to be taken into account when conducting the examination, and provide the grounds for its appointment. At the end of the descriptive part, reference is made to the norms of the Code of Criminal Procedure, in accordance with which the examination is appointed.

The operative part sets out the investigator’s decision to order an examination, indicating its type, the expert institution or person to whom it is entrusted, formulating questions for the expert and listing the materials provided at his disposal.

Criminal procedural legislation provides certain rights to the accused (suspect) when ordering and conducting an examination. The investigator is obliged to familiarize the accused (suspect) with the decision to order an examination and explain to him the rights that he acquires in connection with this. By virtue of Part 4 of Art. 184 of the Code of Criminal Procedure, the decision to order a forensic psychiatric examination and the expert’s conclusion are not announced to the accused (suspect) if his mental state makes this impossible. We believe that this should be noted on the decision ordering the examination and on the expert’s conclusion, or a separate protocol should be drawn up about this. In accordance with Art. 185 of the Code of Criminal Procedure, the accused has the right: 1) to challenge the expert; 2) request the appointment of an expert from among the persons indicated by him; 3) submit additional questions to obtain an expert opinion on them; 4) be present, with the permission of the investigator, during the examination and give explanations to the expert; 5) get acquainted with the expert’s opinion.

If the accused's request is granted, the investigator accordingly changes or supplements his decision on ordering the examination. If the request is refused, the investigator makes a decision, which is announced to the accused against signature.

A protocol is drawn up on familiarizing the accused with the decision to order an examination and explaining his rights to him, which is signed by the investigator and the accused (Part 3 of Article 184 of the Code of Criminal Procedure).

Conducting an examination outside of an expert study (Article 189 of the Code of Criminal Procedure) has its own specifics. Thus, after a decision is made to order an examination outside an expert institution, the investigator summons the person entrusted with carrying out the examination, verifies his identity, specialty, competence and objectivity, finds out his relationship to the accused, suspect and victim, and also checks whether there are grounds for recusal of the expert.

Then the investigator hands the expert his decision, explains to him his rights and obligations under Art. 82 of the Code of Criminal Procedure, and warns him of liability for refusal or evasion of giving an opinion and for giving a knowingly false conclusion under Art. 307 of the Criminal Code, about which he makes a note on the decision to appoint an examination, which is certified by the expert’s signature. If an expert makes any statement or makes a petition, the investigator draws up a protocol about it and resolves the statement or petition.

Having recognized the need to entrust the examination to an expert of the relevant expert institution, the investigator sends his decision and the necessary materials to this institution, on the basis of which the head of the expert institution entrusts the examination to one or more employees of this institution. On behalf of the investigator, the head of the expert institution explains to the employees entrusted with carrying out the examination the rights and responsibilities of the expert provided for in Art. 82 of the Code of Criminal Procedure, warns them of criminal liability for giving a knowingly false conclusion under Art. 307 of the Criminal Code, about which he takes away their signature, which, together with the expert’s opinion, is sent to the investigator (Article 187 of the Criminal Procedure Code).

If, during a forensic medical or forensic psychiatric examination, the need for inpatient observation arises, the investigator places the accused or suspect in an appropriate medical institution, as indicated in the decision ordering the examination. To place an accused or suspect who is not in custody in a psychiatric institution, it is necessary to obtain the sanction of the prosecutor. The time spent in a psychiatric hospital is counted towards the period of detention (Article 188 of the Code of Criminal Procedure).

When a suspect is sent to a forensic medical institution in connection with an examination, he is granted the rights provided for in Art. 184 and 185 Code of Criminal Procedure.

The investigator is given the right to be present during the examination (Article 190 of the Code of Criminal Procedure).

Data from investigative practice indicate that the investigator is most often present during a forensic medical examination.

By being present during the examination, the investigator: a) receives additional opportunities to evaluate the expert’s conclusion; b) can explain the questions posed to the expert, drawing his attention to data that the expert does not take into account, to the need to fully record the progress and results of the study; c) may determine the need to provide additional materials or order an additional examination; d) can draw the expert’s attention to the legal requirements that must be fulfilled; e) can determine the need to collect new evidence; f) may assist the expert in obtaining and recording the explanations of the accused.

After carrying out the necessary research, the expert draws up a conclusion, which should indicate when, where, by whom (last name, first name and patronymic, education, specialty, academic degree and title, position held), on what basis the examination was carried out, who was present what materials the expert used, what research he carried out, what questions were posed to the expert and his motivated answers. If, during the examination, an expert establishes circumstances that are significant for the case, about which questions were not put to him, he has the right to indicate them in his conclusion. The conclusion is given in writing and signed by the expert (Article 191 of the Code of Criminal Procedure).

Criminal procedural legislation does not establish any exceptions from the general rules for checking and evaluating evidence in relation to an expert. Like any other evidence, it does not have predetermined strength and is not binding on the investigator. However, the law does not allow unmotivated rejection of an expert’s opinion (Article 80 of the Code of Criminal Procedure).

In accordance with Art. 192 of the Code of Criminal Procedure, the investigator may interrogate an expert to clarify or supplement his conclusion. The expert has the right to present his answers in his own hand. The protocol of interrogation of the expert is drawn up in compliance with the rules established by Art. 141 and 142 of the Code of Criminal Procedure.

Sometimes an expert presents a message about the impossibility of giving a conclusion: when there is not enough material to answer the questions posed: when the state of the branch of knowledge he represents does not allow answering these questions. The message about the impossibility of giving an opinion must contain specific arguments substantiating the expert’s position.

Article 193 of the Code of Criminal Procedure obliges the investigator to present to the accused the expert’s conclusion or his report about the impossibility of giving an opinion, as well as the protocol of the expert’s interrogation. In this case, the accused has the right to give explanations and raise objections, as well as to ask for additional questions to be put to the expert and for the appointment of an additional or repeated examination. The implementation of these actions is noted in the protocol of interrogation of the accused.

Rules Art. 193 of the Code of Criminal Procedure are also applied in cases where the examination was carried out before the person was brought in as an accused.

An examination is one of the investigative actions that can be assigned by an investigator or a person conducting an inquiry in a case in respect of which the law does not require a mandatory preliminary investigation. Among the urgent investigative actions, examination is not mentioned (Part 1 of Article 119 of the Code of Criminal Procedure).

8. Detention and interrogation of a person suspected of committing a crime (Articles 122, 123 of the Code of Criminal Procedure) 1 .

1 Detention, among other urgent investigative actions, is most often used by the bodies of inquiry. This explains the description of the procedure for detaining a suspect and interrogating him in the chapter on inquiry.

In accordance with Art. 22 of the Constitution of Russia, before a court decision, a person cannot be detained for more than forty-eight hours. However, the final and transitional provisions of the second section of the Constitution of the Russian Federation (clause 6) indicate that until the criminal procedural legislation of the Russian Federation is brought into conformity with the provisions of the Constitution of the Russian Federation, the previous procedure for detaining persons suspected of committing a crime will remain, i.e. for a period of no more than seventy-two hours. This period cannot be extended.

Detention is also practiced with the sanction of the prosecutor for up to ten days by border or customs authorities (Article 30 of the Law on the State Border of April 1, 1993 and Article 331 of the Customs Code of the Russian Federation).

The issues of detaining a suspect in a crime are regulated by the federal law“On the detention of suspects and accused of committing crimes.”

Detention is an urgent investigative action. Its essence consists in the short-term deprivation of liberty of a person suspected of committing a crime in order to clarify the involvement of the detainee in the crime and resolve the issue of the application or non-application of a preventive measure in the form of detention. At the same time, detention is a measure of criminal procedural coercion. It is used on suspicion of committing a crime for which a sentence of imprisonment may be imposed.

The basis for detaining someone on suspicion of committing a crime is evidence that substantiates the suspicion. Article 122 of the Code of Criminal Procedure provides that the body of inquiry and the investigator have the right to detain a person suspected of committing a crime only if there is one of the following grounds:

1) when a person is caught committing a crime or immediately after its commission; 2) when eyewitnesses, including victims, directly point to this person as if he had committed a crime; 3) when obvious traces of a crime are found on the suspect, his clothes, on him or in his home.

If there is data other than those listed that gives grounds to suspect a person of committing a crime, he can be detained only if at least one of three additional conditions is met: a) the person attempted to escape; b) it does not have a permanent place of residence; c) when the identity of the suspect has not been established.

The motive for detaining a suspect may be justified fears that, while remaining at large, he may hide from the inquiry or investigation, interfere with establishing the truth in the case, or will continue criminal activity.

In any case of detention of a person suspected of committing a crime, the investigative body is obliged to draw up a protocol indicating the grounds, motives, day and hour, year and month, place of detention, explanations of the detainee, the time of drawing up the report, and within twenty-four hours make a written message to the prosecutor. The arrest report is signed by the person who compiled it. Within forty-eight hours from the moment of receiving notification of the arrest, the prosecutor is obliged to authorize the detention or release the detainee.

As a rule, the detention of a suspect is accompanied by a personal search of the detainee and placement in a temporary detention center (IVS). The search is carried out in accordance with the requirements of Art. 167-171 of the Code of Criminal Procedure, but without issuing a special resolution on this and without the sanction of the prosecutor. The results of the search are reflected in the protocol of the personal search, which is carried out by a person of the same sex as the person being searched, in the presence of witnesses of the same sex.

Members of his family are notified of the arrest of a suspect if their place of residence is known. When detained on suspicion of committing a serious crime, the family of the detainee is notified if this does not interfere with establishing the truth in the case. In all cases, their parents or other legal representatives are notified of the detention of minors.

After drawing up a protocol, the detainee acquires the status of a suspect (Article 52 of the Code of Criminal Procedure). The procedure and conditions of detention of detained persons suspected of committing a crime are determined by the Federal Law “On the detention of suspects and accused of committing crimes” dated July 15, 1995 1.

1 NWRF. 1995. No. 29. Art. 2759.

Persons detained on suspicion of committing a crime are subject to release if: 1) the suspicion of committing a crime is not confirmed; 2) there is no need to apply a preventive measure in the form of detention to the detainee; 3) the period of detention established by law has expired (Article 50 of the Federal Law “On the detention of suspects and accused of committing crimes”).

When characterizing the procedural situation of detainees (suspects), it is important to keep in mind that in accordance with Part 4 of Art. 15 of the Constitution of the Russian Federation and Part 4 of Art. 9 of the International Covenant on Civil and Political Rights, they have the right to appeal against the illegality and groundlessness of the detention not only to the prosecutor, but also to the court. This is exactly the explanation given in the resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 “On the implementation by the courts of the resolution of the Plenum of the Supreme Court of the Russian Federation of April 27, 1993 No. 3 “On the practice of judicial review of the legality and validity of an arrest or extension of the period of detention” dated September 29, 1994 g. 1.

1 Russian BVS. 1995. No. 1. P. 3-4.

Interrogation of a suspect is not only a source of evidence, but also a means of protecting him. The suspect is endowed with a set of procedural rights, including the right to testify. This right cannot become his responsibility; he is not responsible for refusing to testify and for giving knowingly false testimony.

The suspect has the right to testify about the circumstances that served as the basis for his arrest and detention, as well as about other circumstances known to him in the case (Article 76 of the Code of Criminal Procedure).

The summoning and interrogation of the suspect are carried out according to the rules provided for in Art. 123, 145-147,150-152 Code of Criminal Procedure.

If the suspect has been detained or taken into custody, his interrogation is carried out immediately, in any case no later than 24 hours from the moment of deprivation of liberty.

Before the interrogation begins, the suspect must be explained his procedural rights, including the right to have a lawyer from the moment of detention or from the moment the preventive measure in the form of detention is applied. The defense attorney is allowed to participate in the case from the moment the arrest report is announced to the suspect or the decision to apply a measure of interdiction to him in the form of detention. If the appearance of the defense attorney chosen by the suspect is not possible within 24 hours from the moment of arrest or detention, the person conducting the inquiry, investigator or prosecutor has the right to offer the suspect another defense attorney or provide him with a defense attorney through legal advice.

At the beginning of the interrogation, the suspect is informed of what crime he is suspected of committing, and a note is made about this in the interrogation protocol.

The suspect is then asked to testify about the circumstances of the case. The investigator listens to the suspect's free story and then, if necessary, asks him questions. When participating in the interrogation of a defense attorney, he has the right, with the permission of the investigator, to ask questions to the interrogated person. The investigator may reject the question asked, but is obliged to enter it into the protocol.

It is important to keep in mind that the suspect has the right to meet with a defense lawyer, relatives and other persons. The procedure and conditions for granting a suspect visits and correspondence are determined by the Federal Law “On the detention of suspects and accused of committing crimes.” Moreover, the suspect has the right to meet with the defense lawyer in private before the start of his interrogation. The exercise by a defense attorney admitted to participate in the case cannot be made dependent on the preliminary interrogation of the suspect.

A protocol is drawn up regarding the interrogation of the suspect, in which the testimony of the interrogated person is recorded in the first person and, if possible, verbatim. The protocol is presented to the suspect for reading or, at his request, is read to him by the investigator. The suspect has the right to demand that the protocol be completed and amended.

The protocol is signed by the suspect in compliance with the rules of Art. 151 Code of Criminal Procedure. If a defense attorney participated in the interrogation, he also signs the protocol.

9. The procedure for conducting an investigative experiment and checking evidence on the spot.

Investigative experiment - this is an investigative action consisting of conducting experiments and tests in specially created conditions, as close as possible to the event under investigation, in order to establish factual data relevant to the case (Article 183 of the Code of Criminal Procedure).

The main objectives of the investigative experiment are:

1) checking and clarifying the evidence collected in the case; 2) obtaining new evidence; 3) checking investigative leads; 4) establishing the causes and conditions that contributed to the commission of crimes. An investigative experiment can be carried out subject to the strictest adherence to the law, in particular the inadmissibility of actions that humiliate the honor and dignity of citizens, creating a danger to health (Article 182 of the Code of Criminal Procedure). It is impossible to conduct an investigative experiment in conditions where public order may be disrupted or damage may be caused to the interests of the state or individual citizens.

The following types of investigative experiments are known in practice: 1) establishing the possibility of perceiving a fact or phenomenon (for example, seeing or hearing under certain conditions); 2) establishing the possibility of performing any actions (for example, the ability to remove an object of a certain size through a broken hole); 3) establishing the possibility of the existence of any phenomenon (for example, a door closes with or without a creak, can an object fall in this way, etc.); 4) establishing the mechanism of the event as a whole or its individual details (for example, the ability to cover a certain distance in a certain time).

The conduct of an investigative experiment is subject to a number of requirements that guarantee the objective consistency of the results achieved. Thus, an investigative experiment will have evidentiary value only if it is repeated and accurately reproduced, or, in any case, all circumstances are as close as possible to the event under investigation.

According to the Law (Article 183 of the Code of Criminal Procedure), the participation of at least two witnesses is required when conducting an investigative experiment. At the discretion of the investigator, the suspect, accused, witness, and victim may participate in the investigative experiment. If necessary, a specialist may be involved in conducting an investigative experiment; With the permission of the investigator, a defense lawyer may take part in it. In addition to the indicated persons, other persons providing technical assistance (for example, the driver of the car, the person giving the signal, etc.) may be involved in this investigative action.

A protocol on the conduct of the investigative experiment is drawn up. The protocol must detail the conditions, progress and results of the experiment (Article 186 of the Code of Criminal Procedure). The protocol is signed by all participants in this action.

In necessary cases, such methods of consolidating the results of the experiment can be used, such as measurement, photography, video and filming, drawing up plans, diagrams, sound recording, about which an appropriate note must be made in the protocol.

During the investigation process, there is often a need to clarify or verify the testimony of witnesses, victims, suspects, and accused regarding any fact related to a criminal event and occurring in a certain place. For this purpose, an action called checking the readings on site.

The essence of this investigative action is that the persons whose testimony is checked or clarified repeat the previously given testimony at a certain or indicated place by them. This allows you to immediately compare the readings with the real situation.

Thus, testimony about the place where the event took place, the actions of the participants in the event, or other circumstances relevant to the case can be verified. This investigative action allows not only to verify and clarify testimony, but also to obtain new evidence. For example, the person whose testimony is being verified helps locate stolen items.

Checking testimony on the spot as an independent investigative action contains the following rules of conduct: 1) the need for the presence of witnesses; 2) the inadmissibility of actions that humiliate the honor and dignity of citizens or are dangerous to their health; 3) comparison of the readings with the situation on the spot; 4) drawing up a protocol in compliance with the requirements of Art. 141-142 Code of Criminal Procedure; 5) the person whose testimony is being checked must indicate the place where this investigative action was carried out.

The lack of legislative regulation of the investigative action in question in the Criminal Procedure Code, as well as the presence in it of common features with such actions as inspection of the scene of an incident, investigative experiment, presentation for identification and interrogation, make it possible to consider it expedient to use a number of rules regulating the production of the named actions. For example, when checking the testimony of several persons at the same place, it is necessary to take measures to ensure that these persons cannot communicate with each other and check the testimony separately.

Verification of testimony begins with a free story and demonstration of everything that is known to the person whose testimony is being verified (clarified), and only after that additional questions are asked. Leading questions are not allowed. The person should be questioned before the evidence is verified on site. During the verification process, it must indicate the relevant area, premises (or section thereof), and then declare by what characteristics and features it determines them.

So, verification of testimony on the spot is carried out in the presence of witnesses with the participation of persons whose testimony is being verified, and, if necessary, other persons (specialists, experts, etc.).

A protocol is drawn up on the verification of testimony on the spot, which has independent evidentiary value.

1. Concept and classification of investigative actions. The main content of the preliminary investigation consists of investigative actions. However, the term “investigative actions” is used in the text of the law and legal literature in several meanings. IN in a broad sense it is sometimes understood as “procedural actions performed by authorized bodies and officials during the preliminary investigation.” However, in a narrow sense, investigative actions include only those that are directly aimed at collecting and verifying evidence. Therefore, procedural actions are considered investigative not because they are carried out by the investigator, but because they are aimed at identifying “traces”. In this sense, such procedural actions as initiating a criminal case, applying a preventive measure, filing charges, etc., do not belong to investigative actions. To call all procedural actions of the investigator investigative is also incorrect from the point of view of the letter of the law, which also calls the actions of the court investigative (for example, this term is used in paragraph 1 of part 1 of article 333 of the Code of Criminal Procedure of the Russian Federation). Finally, investigative actions have a strict, detailed procedural form and are provided with the possibility of using state coercion. Such methods of collecting evidence as the demand and acceptance of presented objects and documents do not have this characteristic and therefore are not investigative actions (Part 4 of Article 21, Article 86 of the Code of Criminal Procedure of the Russian Federation).

Thus, investigative actions- these are methods of collecting and verifying evidence that are regulated in detail by law and provided with the possibility of using state coercion. The importance of investigative actions is that they are the main way of collecting evidence, and therefore the main means of establishing the truth in a criminal case.

The legislation provides for the following types of investigative actions: inspection, examination, investigative experiment, search, seizure, seizure of postal and telegraph items, control and recording of conversations, obtaining information about connections between subscribers and (or) subscriber devices, interrogation, confrontation, presentation for identification, checking evidence on the spot, conducting an examination. It should be noted that the issue of the system of investigative actions remains controversial in criminal procedural science 1 . Sometimes investigative actions also include detaining a suspect, seizing property, obtaining samples for comparative research, but some investigative actions, such as monitoring and recording conversations, are not considered investigative actions.

Investigative actions can be classified into types according to various criteria: subjects, composition of participants, degree of coercion used, conditions of their production, etc. Thus, the Code of Criminal Procedure of the Russian Federation distinguishes the concepts of urgent investigative actions (clause 19 of article 5, article 157); investigative actions carried out with and without the participation of witnesses (part 1.2 of article 170).

The issues of classification of investigative actions are deeply studied by S. A. Shafer, who distinguishes the types of investigative actions according to cognitive methods, methods of obtaining information, the complexity of the displayed objects and the goals of investigative actions.

One of the main classifications is based on cognitive methods: questioning, observation and a combination of questioning and observation. Questioning how setting the task of reproducing verbal information underlies interrogation, confrontation and examination. Method observations how the deliberate perception of external signs of an object is leading in such investigative actions as inspection, examination, search, seizure, investigative experiment. A combination of questioning and observation occurs during identification and verification of evidence on the spot. Cognitive methods depend on the traces displayed and significantly influence the procedural form of investigative actions. For example, the participation of witnesses as a guarantee of objectivity of perception is required where the observation method is used.

Most investigative actions involve direct perception and recording of information. Only expertise is based on indirectly obtaining evidence, when hidden information is revealed through independent research by an expert based on his special knowledge. This classification makes it possible to distinguish between cases when it is necessary to conduct an investigative experiment or examination, and when it is necessary to conduct an examination. The latter is necessary if direct perception alone is not enough to study an object.

It seems that the typology of criminal proceedings provides a new and significant basis for the classification of investigative actions - their methods legal regulation, defining their procedure, composition of participants, methods of fixation and many other significant features. Investigative actions can be constructed according to the investigative or adversarial model.

Search model of investigative actions involves the use of a predominantly imperative method of regulation, leading to the emergence of vertical relations of power and subordination. Investigative actions are carried out through the unilateral powers of the investigative body, which is obliged to carry out investigative actions to obtain both incriminating and exculpatory evidence without petitions from interested parties. Moreover, these investigative actions are procedural (and not operational investigative), since they are provided for by the criminal procedure law, therefore, their results are immediately considered judicial evidence. Thus, in France, protocols drawn up by an official of the judicial police during the investigation of obvious crimes have evidentiary value. In Russian criminal proceedings, investigative actions carried out during the preliminary investigation without judicial permission are based on this model. This model construction of investigative actions has all the disadvantages and advantages of the investigative type of process. It often does not ensure proper respect for the rights of citizens and the required objectivity (which is the reason for the “survivability” of the institution of witnesses). The compiled protocols bear the stamp of “derivativeness” for subsequent authorities. At the same time, the efficiency and simplicity of the search model make it indispensable at the initial stage of the investigation, in an emergency situation. The nature of the actual implementation of some investigative actions may be exclusively investigative (detention, search, control and recording of conversations).

Adversarial model of investigative actions involves their construction within the framework of a tripartite relationship (arbitration method), when a dispute between equal parties is resolved by a court independent of them. Investigative actions are carried out by a judicial officer in the presence of the parties (or with security real possibility presence) and, as a rule, at their request. In the Russian process, all actions in a judicial investigation are structured according to the adversarial type (the specificity of such actions is sometimes expressed in their designation as judicial). Elements of adversarialism are also present in obtaining judicial permission to conduct an investigative action (Article 165 of the Code of Criminal Procedure of the Russian Federation).

The current Code of Criminal Procedure of the Russian Federation divides all investigative actions into four groups according to the generality of their operational structure (a set of methods, means, techniques, knowledge and certification of their progress and results). The first group is associated with “non-forced observation” - this is an inspection, examination, investigative experiment (Chapter 24). The second group of investigative actions uses surveillance of hard-to-reach objects - search, seizure, seizure of correspondence, control of negotiations and obtaining information about connections (Chapter 25). The third group of investigative actions makes extensive use of questioning - interrogation, confrontation, identification and verification of testimony (Chapter 26). Finally, the fourth group consists of the study of hidden information - examination (Chapter 27).

2. General rules for conducting investigative actions. These are criminal procedural norms that regulate each investigative action (Article 164 of the Code of Criminal Procedure of the Russian Federation). The general rules are procedural form investigative actions, divided into three groups of norms regulating: the conditions for their conduct; procedure; measures to guarantee the implementation of investigative actions. These three groups are nothing more than generalized hypotheses, dispositions and sanctions for the institution of investigative actions.

The first element of the procedural form of investigative actions is conditions of their production. They consist of general and special conditions.

TO general conditions investigative actions include: a) the presence of an instituted criminal case (before initiating a case, the law allows for inspections of the scene of the incident, documents, corpses (Part 2 of Article 176 of the Code of Criminal Procedure of the Russian Federation), examinations and examinations (Part 1 of Article 144 of this Code)) ; b) the proper subject of the investigative action, who does not fall under the grounds for challenge and, in the manner prescribed by law, accepted the case for its proceedings; c) place and time of the investigative action.

For any investigative action, the law provides for special conditions, the presence of which allows you to correctly select the right investigative action in each specific situation.

These include primarily grounds for carrying out investigative actions: the presence of information that it is necessary to obtain evidence of a certain type using these particular actions. The basis is specific data, and in many cases - judicial evidence (for example, for those investigative actions that are carried out by court decision).

Incorrect determination of the grounds for investigative actions leads to the illegal substitution of some investigative actions for others. Thus, in practice, there are cases when, instead of identification, a confrontation is carried out, instead of an examination, an investigative experiment is carried out, instead of an investigative experiment, testimony is checked on the spot, the seizure is replaced by the so-called voluntary extradition, etc. This leads to the unjustification of such actions and can lead to loss they have evidentiary value.

Special conditions for conducting investigative actions also include requirements for the circle of its participants and their legal status (rights and responsibilities). They can be mandatory or optional. Thus, the investigator is obliged to ensure the right of the parties to participate in investigative actions carried out at their request.

The following may also be considered as special conditions for carrying out investigative actions: the relevant person does not have diplomatic immunity (Part 2 of Article 3 of the Code of Criminal Procedure of the Russian Federation); compliance with the special procedure for initiating a criminal case or bringing as an accused a number of persons enjoying official immunity (Article 448 of the Code of Criminal Procedure of the Russian Federation), etc.

The presence of special conditions is sometimes required by law to be reflected in a written decision to conduct an investigative action - a resolution (which is sometimes called the legal basis for conducting an investigative action). By order of the investigator, the following are carried out: exhumation of the corpse, examination, search, seizure, examination. Investigative actions (and related coercive measures) limiting the constitutional rights of citizens are carried out on the basis of a court decision in accordance with Art. 165 Code of Criminal Procedure of the Russian Federation.

The second element of the procedural form of investigative actions is their procedure, i.e. the sequence and methods of conducting investigative actions. The sequence of investigative actions consists of several stages. The first stage is preparatory. It is where the decision to carry out an investigative action is made and formalized, and measures are taken to ensure its implementation (correspondence is delayed, a subpoena is sent, a summons is carried out, etc.). The second stage is associated with identifying the participants in the process, explaining to them the rights and responsibilities, tasks and procedure for conducting investigative actions. The witness, victim and specialist (if he gives evidence) are warned of criminal liability for refusal to testify and for giving knowingly false testimony under Art. 307, 308 of the Criminal Code of the Russian Federation, and the expert and translator - for giving a knowingly false conclusion and knowingly incorrect translation under Art. 307 of the Criminal Code of the Russian Federation. The third stage is the implementation of cognitive operations and techniques. At the fourth stage, the progress and results of the investigative action are recorded.

For all investigative actions, the Code of Criminal Procedure of the Russian Federation identifies general methods for conducting them:

the inadmissibility of the use of violence, threats and other illegal measures (Part 4 of Article 164);

the inadmissibility of creating a danger to the life and health of participants in the investigative action and other persons (Part 4 of Article 164);

prohibition of actions that degrade honor and dignity (Article 9); needlessly damaging property (Part 6 of Article 182); disclosing information from private life (part 3 of article 161, part 7 of article 182);

prohibition of leading questions in some investigative actions (part 2 of article 189, part 7 of article 193, part 2 of article 194, part 1 of article 275);

the use of technical means and methods for detecting and seizing traces of a crime and material evidence (Part 6 of Article 164).

The third element of the procedural form of investigative actions is measures to ensure them. They serve as guarantees of their implementation. Violations of procedural norms on the grounds, conditions and rules for conducting investigative actions entail negative consequences. For participants in the process, these may be coercive measures, a fine or even criminal liability. For the preliminary investigation authorities, the main sanction is the loss of the evidentiary value of the results of the investigative action, i.e. the sanction of nullity (Part 2 of Article 50 of the Constitution of the Russian Federation; Part 3 of Article 7, Article 75 of the Code of Criminal Procedure of the Russian Federation). For other participants in the process, these may be coercive measures, a fine, or even criminal liability.

See: Criminal process / ed. K. F. Gutsenko. M., 1997. P. 206.
See, for example: Theory of evidence in Soviet criminal proceedings / resp. ed. I. V. Zhogin. P. 385.
Cm.: Shafer S. A. Investigative actions. System and procedural form. M., 2001. P. 73-88.
It should be borne in mind that at the judicial stages of the criminal process, slightly different rules for conducting investigative actions apply (Articles 240-260 of the Code of Criminal Procedure of the Russian Federation).

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