To the question of detention in criminal judicial proceedings in Russia
Автор: Gaponova Valentina N.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовный процесс
Статья в выпуске: 2 (101), 2022 года.
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Introduction: The article considers a measure of criminal procedural coercion - detention. The author analyzes the points of view of various authors regarding the legal nature of detention, its essence and significance in criminal proceedings, presents the author’s own judgments on the topic of research under consideration. Some problems of law enforcement practice related to the calculation of the period of detention, the procedural order for the application of this measure of procedural coercion are investigated. Methods and materials: the legal framework of the study was made up by the Constitution of the Russian Federation, the Code of Criminal Procedure of the RSFSR of 1960, the current criminal procedure legislation regulating the measure of procedural coercion - detention, as well as scientific work in the field of criminal procedure related to the issues under study The methodological basis of the study was the general dialectical method of scientific cognition, which is universal in nature, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. The result of the study: made it possible to consider, clarify and summarize certain provisions regarding the legal nature of detention, problematic issues related directly to the application of this measure of procedural coercion. It is concluded that, despite the fact that the legislator attributed the detention to the measures of procedural coercion, the understanding of its legal nature remains a debatable issue in the scientific literature, because detention is a multifaceted legal phenomenon, as it contains forensic, administrative and other aspects. It seems quite reasonable, logical and correct to calculate the period of detention from the moment the suspect enters the field of view of the person conducting the investigation in the criminal case, that is, from the moment of delivery
Criminal procedure legislation, detention, measure of procedural coercion, term of detention, moment of actual detention
Короткий адрес: https://sciup.org/143178852
IDR: 143178852 | DOI: 10.55001/2312-3184.2022.10.25.011