Proportionality of restriction of the rights of the person with the compulsory withdrawal of samples for comparative studies

Purpose: To Consider the admissibility of taking samples for comparative research from persons participating in pre-investigation checks and participants in criminal proceedings, against their will, and the proportionality of coercive measures in cases of forced restriction of individual rights. Methodology: Comparative legal and formal legal methods were used. Results: The author comes to the conclusion that it is necessary to supplement the code of criminal procedure with the provision that the removal of samples of biological origin can be obtained forcibly, only from a suspect or accused, on the basis of a court decision. According to the author, it is also necessary to provide for the legal obligation of the court to check the criteria of proportionality of the restriction of individual rights in the case of compulsory withdrawal of samples for comparative research, developed in the practice of the ECHR. Novelty/originality/value: The article is the one of the first attempts to introduce criteria for the proportionality of coercive measures when taking samples for comparative research from suspects and accused in Russian criminal proceedings.