К вопросу о конституционных гарантиях неприкосновенности жилища при производстве обыска в жилище

Introduction: the article is devoted to the consideration of procedural and tactical methods of conducting a search in a dwelling. Attention is focused on the mistakes made in practical work by law enforcement officers during a search of a home and legal ways to eliminate them. The authors make proposals to optimize the improvement of criminal procedure legislation in order to exclude mistakes. Materials and methods: the normative basis of the study was the Constitution of the Russian Federation, criminal procedure, criminal, housing, federal legislation, empirical data of operational divisions of the Department of Internal Affairs, judicial practice. The methodological basis of the research was made up of historical, formal-legal methods, general scientific methods of analysis, synthesis, comparison. The results of the study: a gap in the criminal procedure legislation is identified when conducting a search of a dwelling in the absence of persons living in it. It is not specified which person should be present during the search of the dwelling - the resident or the owner. Findings and Conclusions: for the purpose of a legal solution to the gap in the legislation in the article under consideration, the authors propose to supplement Article 182 of the Code of Criminal Procedure with paragraph 11.1 of the following content: “if it is impossible for a person whose home is being searched or adult members of his family to invite a representative of the administration or housing department to conduct a search in the dwelling,” as well as at the legislative level to fix the order of conduct of the search and its tactical features in each possible situation.