Detention - procedural aspects

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Introduction. The article considers one of the controversial issues related to the definition of the place of detention in modern domestic criminal proceedings as another measure of criminal procedural coercion. In his research, the author analyzes the prerequisites for the emergence of the current legal regulation in the aspect of the institution in question. The paper develops the idea of an essential and legal separation of various elements of detention: actual detention, procedural registration and personal search, designed to ensure the unity of the procedural form in criminal proceedings and make the institution of detention a more holistic and logically structured legal phenomenon. The author makes an attempt to identify possible ways of legislative improvement of the legal institution in question from the point of view of ensuring the rights and freedoms of citizens.

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Detention, measures of criminal procedural coercion, pre-trial proceedings, procedural form, detention order, detention protocol, structure

Короткий адрес: https://sciup.org/143183368

IDR: 143183368   |   DOI: 10.55001/2312-3184.2024.41.97.025

Статья научная