Multifunctional nature of detention: the discussion continues

One of the urgent problems of the criminal process is the problem of the order, conditions, grounds, goals, calculation of the terms of various types of detention. The author highlights the problems of regulatory regulation of various types of detention. A systematic analysis of the positions of scientists, the provisions of domestic legislation, the legislation of states that have arisen in the post-Soviet space, allowed us to conclude that it is necessary to distinguish between administrative and criminal procedural detention, as well as to highlight a special police measure, the name of which can be summarized in identical terms - actual detention, police seizure, police detention. The historical background of the current situation is given. Based on the analysis of judicial practice, negative examples are given related to the unclear position of the legislator in the regulation of actual detention. The author sees the solution of the problems by “removing” the actual detention beyond the limits of criminal procedural activity. An original approach is proposed in the form of drawing up by the staff of the body of inquiry the protocol of the actual (police) detention of a person, reflecting in it the exact time from which freedom of movement was restricted.