ON SOME PROBLEMS ARISING IN THE ACTIVITIES OF THE BODIES OF PRELIMINARY INVESTIGATION IN THE IMPLEMENTATION OF DETENTION IN ACCORDANCE WITH THE NORMS OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION

Author(s): Teplyakova O.A., Rafikov M.M.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2022-1-33-38

Release: 2022-1 (31)

Pages: 33-38

Keywords: detention of a suspect, grounds, procedure and terms for detention of a suspect, detention of an accused

Annotation: The paper is devoted to the consideration of the problems of detention of a suspect by the bodies of preliminary investigation and ways of their possible solution. At the same time, the author touches upon problematic issues related to the regulation of the grounds, procedure and terms for the detention of a suspect, improper enforcement of the legality of the implementation of this measure of procedural coercion and maintaining the secrecy of the detention of a suspect. Particular attention is also paid to the study of the issues of detention of the accused, the norms on the direct regulation of which the Code of Criminal Procedure does not contain. The article analyzes the issues of legal regulation of detention and interpretation of norms both in the Soviet Union and at present. The author concludes that it is necessary to regulate the issue of detention of the accused in the current Code of Criminal Procedure of the Russian Federation, which would correspond to the requirement established in Part 1, Art. 1 of the Code of Criminal Procedure of the Russian Federation on the procedure for criminal proceedings on the territory of the Russian Federation, based on the Constitution of the Russian Federation. It is proposed to amend paragraph 1 of part 1 of Art. 91 Code of Criminal Procedure of the Russian Federation.

Bibliography: Teplyakova O.A., Rafikov M.M. ON SOME PROBLEMS ARISING IN THE ACTIVITIES OF THE BODIES OF PRELIMINARY INVESTIGATION IN THE IMPLEMENTATION OF DETENTION IN ACCORDANCE WITH THE NORMS OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION // Journal of Legal Sciences. – 2022. – № 1 (31). – С. 33-38. doi: 10.21777/2587-9472-2022-1-33-38