Заочный арест обвиняемого, объявленного в межгосударственный розыск

Introduction: in order to resolve the problems that arise when a fugitive is found on the territory of a member state of the Commonwealth of Independent States, the legislator has provided for the possibility of arrest in absentia of an accused person who has been put on the interstate wanted list. The article deals with the problems of the procedure for choosing a preventive measure in the form of detention in relation to an absent accused and identifies ways to solve them. Materials and Methods: the normative basis of the research is formed by the European Convention for the protection of human rights and fundamental freedoms, the Convention on legal assistance and legal relations in civil, family and criminal cases, the Constitution of the Russian Federation, criminal procedure legislation, local regulations governing the restriction of freedom of movement of an accused person declared on an interstate wanted list, as well as investigative and judicial practice on these issues. The methodological basis of the research was the dialectical method of scientific knowledge, methods of logical deduction, induction, cognitive methods of observation, comparison, analysis, generalization. Results of the Study: the procedure for selecting a preventive measure against an accused person declared on the interstate wanted list has been determined. Findings and Conclusions: the stages of the procedure for selecting a preventive measure in the form of arrest in relation to an accused person declared on the interstate wanted list are highlighted. In addition, there are detected peculiarities of this decision that relate to the grounds for the preventive measure; the list of materials submitted to the court; order of the hearing; the participation of counsel; the date of calculation of period of detention; legality of in absentia implementation of the chosen measure of restraint in the territory of the Russian Federation.