Judicial control in accordance with part 5 of article 165 of the Code of Criminal Procedure of the Russian Federation: separate problems of theory and law enforcement

Purpose of article is to study the subsequent judicial control through separate problems of theory and law enforcement. The article examines judicial control through separate problems of theory and law enforcement in accordance with part 5 of article 165 of the Code of Criminal Procedure of the Russian Federation. It has been established that the consistently high level of both compliance by the investigator / inquirer with the rule of law in the conduct of an investigative action and the court's decisions on recognizing it as lawful does not mean at all that the problems of subsequent judicial control are basically all or almost all solved, discussions on a number of fundamental problems are still ongoing and not over. It is shown that these are problems such as determining the optimal number / list of investigative actions according to part 5 of article 165 of the Code of Criminal Procedure of the Russian Federation, a uniform understanding and, accordingly, the application of the evaluation category «cannot be delayed». According to these and other problems, conclusions were drawn, including such that the subsequent judicial control with an exhaustive list of investigative actions less than in the preliminary one was formed by the legislator based on their exceptional importance and significance for the disclosure and investigation of the crime, thereby expanding, unlike part 1 of article 165 of the Code of Criminal Procedure of the Russian Federation, the possibilities of combating crime in a situation that cannot be delayed, but with mandatory subsequent verification by the court of their legality. The article has scientific value, representing a comprehensive analysis of individual existing problems in the theory and practice of subsequent judicial control.