Production of Investigative and Other Procedural Actions, As Well As Operational and Investigative Measures with Persons in Custody

In the framework of this article, the authors attempt to analyse part 2 of article 95 of the CPC of the Russian Federation from the point of view of the expediency of conducting investigative and other procedural actions, as well as operational and search activities with detainees. 2 of Article 95 of the CPC of the RF from the point of view of the expediency of conducting investigative and other procedural actions, as well as operational-search activities with persons in custody. The isolation of suspects and accused persons from society should not, in the unambiguous opinion of both the legislator and law enforcers, lead to the impossibility of realising the purpose of criminal proceedings in unrelated criminal cases. There is a need for a proper legal procedure enabling both the power subjects of criminal prosecution and persons providing legal assistance to exercise their powers with a person in custody in another criminal case. The above circumstances allow us to positively assess the idea of implementation of the provisions of part 2 of article 95 of the CPC of the RF into the legal field. At the same time, the mechanism of implementation of the proposed prescriptions, ambiguity of interpretation of legal norms, taking into account the inter-branch nature of their actions, does not allow in the current version of the analysed article to achieve uniformity of law enforcement and understanding. Literature review: V.V. Nikolyuk, V.I. Zazhitsky, I.L. Petrukhin, V.N. Perekrestov. V.V. Nikolyuk, V.I. Zazhitsky, I.L. Petrukhin, V.N. Perekrestov, devoted to the issues of conducting investigative and other procedural actions, as well as operational and investigative measures with persons in custody. Materials and Methods: the methodological basis was: dialectical, historical, comparative-legal, as well as the method of system analysis. Results: the analysis of the legal regulation of possible forms of interaction with persons in custody allowed the authors to conclude that the legal provisions of Article 95 of the CPC of the RF are limited, as its content is related only to the specification of exclusively operational and investigative activities that are allowed to be carried out with the category of persons in question. At the same time, law enforcement practice has developed a broader approach that goes beyond these non-procedural actions and includes the production of investigative and other procedural actions in criminal cases not related to the one in which a person is remanded in custody. Discussion and Conclusions: the authors substantiate the amendments to Article 95 of the CPC of the RF. The proposed innovations are aimed at optimising the criminal procedural legislation, as well as legalisation of possible means of communication with a person isolated from society, which have become widespread in law enforcement activities.