Open AccessPROCEDURAL ORDER FOR COURT CONSIDERATION OF INVESTIGATOR’S APPLICATIONS ON THE PRODUCTION OF INVESTIGATIVE ACTIONS, RESTRICTING CONSTITUTIONAL HUMAN RIGHTS AND FREEDOMS
Author(s) -
Татьянина Лариса Геннадьевна
Publication year - 2020
Publication title -
vestnik udmurtskogo universiteta. èkonomika i pravo
Language(s) - English
Resource type - Journals
eISSN - 2413-2446
pISSN - 2412-9593
DOI - 10.35634/2412-9593-2020-30-1-159-164
Subject(s) - law , political science , constitutional court , supreme court , legislation , officer , criminal procedure , session (web analytics) , judicial review , constitution , business , advertising
The criminal procedure legislation of the Russian Federation, providing for the court to give permission to conduct a number of investigative and procedural actions, did not unambiguously regulate the procedure for examining applications from an investigator and making a decision. The different approach of scholars and practitioners to the activities of the court when issuing these permits - judicial authorization or judicial control, necessitated the establishment of the procedure for making appropriate decisions. The current provision of Part 2 of Art.165 of the Code of Criminal Procedure of the Russian Federation, which corresponded to the procedure for considering applications within the framework of judicial authorization, did not meet the requirements for a decision when resolving a conflict in the framework of the administration of justice. Considering the positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, the courts, when resolving the petition of the investigator and the inquiry officer for conducting investigative and other procedural actions, began to hold a judicial session to consider these petitions with the preparation of the protocol of a court session, in fact creating a new form of legal proceedings requiring consideration of the issue with the participation of the parties, that should be unconditionally when using audio recording of a court session. The use of this procedure casts doubt on the possibility and expediency of carrying out investigative actions restricting the constitutional rights of citizens, since the disclosure of the plans of the investigator and the inquirer, aimed at obtaining evidence, actually leads to the pointlessness of the implementation of these investigative actions. The article substantiates the need to regulate judicial authorization in order to ensure the proper process of evidence while respecting the rights and freedoms of citizens.