General conditions and general rules of investigative actions: theoretical and legal aspect

Автор: Gaponova V.N., Usenko O.V.

Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz

Статья в выпуске: 3 (31), 2024 года.

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This article discusses the problems of general rules and general conditions of investigative actions. The author substantiates the opinion that the general rules of investigative actions, which are normatively fixed in Article 164 of the Code of Criminal Procedure of the Russian Federation, are actually not general, that is, those that are supposed to be applied in the implementation of all investigative actions. The article analyzes the criminal procedure norms reflected in Article 164 of the Code of Criminal Procedure of the Russian Federation through the prism of the fact that these regulations do not contribute to the effective ordering of the algorithm for the implementation of investigative actions. Thus, the latter have the property of normative inconsistency, as well as duplicate other norms of criminal procedure legislation. In the work, the author makes an attempt to distinguish such categories as "general conditions" and "general rules" of investigative actions. In his article, the author provides a list of general conditions that actually ensure the possibility of implementing each investigative action.

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Investigative actions, collection of evidence, criminal proceedings, general rules for the production of investigative actions, general conditions for the implementation of investigative actions, evidence

Короткий адрес: https://sciup.org/143183565

IDR: 143183565   |   DOI: 10.55001/2587-9820.2024.64.31.005

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