Correlation of etymological meaning of the concept “urgency” as the personification of the evaluative category, with the legal nature of the institution of urgent investigative actions
Автор: Kabelkov Stanislav N., Grigolia Guram L.
Журнал: Legal Concept @legal-concept
Рубрика: Главная тема номера
Статья в выпуске: 2 т.18, 2019 года.
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Introduction: the inabilityto avoid the use bythelegislator of theevaluative categories in theframework ofcriminal procedure law raises questions about their precise and uniform understanding for the purpose of execution of the provisions contained in the norms of the current Criminal Procedure Code of the Russian Federation (further, unless otherwise specified, UPK). In this regard, the attention is drawn to the institution ofurgent investigative actions, in whose name the legislator has put the evaluative concept of“urgency”. The attention is drawn to some etymological discrepancy between the name and the possibilities of lawenforcement in the implementation of the norms of the institution ofurgent investigative actions. Purpose: to conduct a study of the evaluative category “urgency” used in criminal procedure law for correlation with the institution of urgent investigative actions. Methods: the authors use the following methods of scientific knowledge: the general scientific methods (analysis, synthesis, induction, deduction) and the system-structural one, which allows analyzing the development of the institution of urgent investigative actions. Results: the studyfound that in the current criminal procedure legislation in order to delineate the boundaries of a separate group of investigative actions the evaluative category “urgency” is used. However, the content of thearticles ofcriminal procedure law, regulating their practical application, does not allow us to make a complete picture of the legal nature of an independent legal institution, which is the institution of “urgent investigative actions”. Conclusions: as a result of the studyit is found that the procedural capabilities of the institution of urgent investigative actions, presented in the current UPK, from the standpoint of the etymological approach correspond to a greater extent to the term “immediateness” than urgency. In this regard, it seems possible to conduct research on the establishment in the system of investigative actions the independent criminal procedural institutions of“immediateinvestigativeactions” and“urgent investigative actions” with themandatory theoretical developments that allow defining clear criteria for the application of the above evaluative concepts.
Urgent investigative actions, bodies of preliminary investigation, bodies of inquiry, investigative actions, evaluative concepts (categories) of criminal procedure
Короткий адрес: https://sciup.org/149130274
IDR: 149130274 | DOI: 10.15688/lc.jvolsu.2019.2.7