European court of human rights on the Russian law institute of election, extension precaution means as a conclusion for the guarantee and terms of content: problem statement

The analysis of the normative regulation of the detention of the accused at the stage of acquaintance with the materials of the criminal case compels partially to agree with the opinion of the European Court of Human Rights. At this stage of pre-trial proceedings, the uncertainty of the legal regulation manifests itself in a situation where the investigator, having satisfied the petition for additional information claimed by one of the participants in the proceedings, found it necessary to obtain this information through the conduct of investigative actions. In this situation, there is a return from the stage of acquaintance with the materials of the criminal case at the preliminary investigation stage. Such a transition by the criminal procedure law is not regulated. This circumstance points to a legislative gap and requires further research and the development of scientifically sound proposals for its effective elimination.