The use of constitutional rights of citizens as a criterion for the formation of a system of search and cognitive actions in modern criminal proceedings

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Introduction: the solution of issues related to the formation of a system of investigative actions in the criminal procedure legislation of Russia should be carried out through the definition of key rights of citizens who are limited to these actions. Materials and methods: during the preparation of the article, materials of criminal cases investigated by investigative units and inquiry units of the Ministry of Internal Affairs of Russia in the Omsk region were used. The formal legal method, the empirical method and the method of system analysis were used. The results of the study: the authors believe that the process of forming a system of search and cognitive actions in the framework of criminal proceedings requires the rights of persons to be based on, the restriction of which will allow to establish the circumstances relevant to the case and resolve it on its merits. Findings and Conclusions: it is concluded that it is necessary to form a system of search and cognitive actions through the correct establishment of restricted rights, and not by introducing an action serving a new scientific technology developed by the industry.

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Criminal proceedings, restriction of constitutional rights, investigative actions, search and cognitive action

Короткий адрес: https://sciup.org/143177977

IDR: 143177977   |   DOI: 10.24412/2312-3184-2021-4-140-148

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