Leave of the judge to search a dwelling house: essence and procedural features

The study discusses the essence and features of the judge’s examination of the investigator’s (interrogator’s) request to search a dwelling house. The research focuses on the constitutional nature of the right of citizens to the inviolability of the dwelling determining a particular legal process covered by supplementary procedural and legal guarantees to violate this right. There are preliminary and further judicial reviews of the legal and legitimate search of a dwelling house. This procedure will be impossible if it does not provide new evidence in case of sufficient evidentiary basis. The drawback of the investigator’s request to search a dwelling house is the lack of specified items to be found. The author proposes the adjustments to the concept of grounds for the search of a dwelling house. Based on the analysis of law enforcement practice, the study describes the actions of a judge while resolving the issue of the legal and legitimate search procedures.