Changing the provisions of article 89 of the Criminal Procedure Code of the Russian Federation as a necessary stage in the development of the institute of criminal procedure use of the results of investigative activities

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Introduction: the author analyses the use of the results of investigation activity in criminal proceedings: considers Article 89 of the Criminal Procedure Code of the Russian Federation. The author pays special attention to acts regulating the use of the results of the activity in the investigation of criminal cases and their consideration by the court on the merits. Identified circumstances indicating the need to bring to a single wording of the norms of criminal procedural law with other normative sources which in practice the investigator (inquirer), employees of the body of inquiry refer to. Materials and Methods: methodology of the study were dialectical method of scientific cognition, logical, and comparative legal methods, observation and other specific study methods. Materials of the study were doctrinal recourses, and Russian legislation. Results: the author identifies norms that require symmetrical presentation in the Criminal Procedure Code of the Russian Federation, as well as the Federal Law "On investigative activity". It is noted that the legal regulation of the solely procedural procedure for implementation of the results of the investigative activity in the criminal process is carried out by non-core source. Discussion and Conclusions: on the basis of the study, the author proposes amendments to Articles 89, 140 of the Criminal Procedure Code of the Russian Federation.

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Criminal process, proof, results of investigation activities, body of inquiry, providing results of ord, operational officer, directions of use, consequence, inquiry, court

Короткий адрес: https://sciup.org/142236711

IDR: 142236711   |   DOI: 10.37973/KUI.2022.93.51.016

Статья научная