Presumption of innocence as a criterion for determining the mechanisms and limits of a lawyer's investigation in the context of the application of the Federal law "On police"

Purpose: To identify the extent to which the provisions of the Federal Police Act governing the detention procedure are correlated with the constitutional guarantees of liberty and inviolability of the person. Methodology: The author used methods of comparative logical and systemic analysis, as well as the formal legal method of research. Results: It is not the procedural nature of the Police Act detention. in view of the formal possibility of it's implementation without initiating criminal or administrative proceedings, which formally limits the scope of the legal inquiry by preventing such detainee from accessing the assistance of counsel, since in part 2 of Art. 48 of the Constitution of the Russian Federation «detained» means a suspect or accused of committing a crime or administrative misconduct, therefore, it was suggested that mandatory rules on the mandatory participation of counsel in cases regulated by this law be introduced into the Police Act, Potentially limiting the human right to liberty and security of person, including in the form of detention. Novelty/originality/value: The article has high scientific value, since it on the basis of theoretical provisions makes specific proposals to solve the problem of practical implementation of the constitutional principle of personal inviolability in the conditions of application of the Law on Police.