Open AccessOn the new standard of court authorization of investigative actions that restrict the constitutional rights of citizens
Author(s) -
С.А. Грачев
Publication year - 2021
Publication title -
ûridičeskaâ nauka i praktika
Language(s) - English
Resource type - Journals
ISSN - 2078-5356
DOI - 10.36511/2078-5356-2021-4-48-54
Subject(s) - constitution , law , constitutional court , authorization , action (physics) , political science , russian federation , enforcement , permission , sociology , computer science , computer security , physics , quantum mechanics , regional science
The article analyzes the essence and content of the petition of the investigating authorities to the court for permission to conduct an investigative action and the court decision adopted on its basis. It is concluded that the specified procedural documents do not specify the specific constitutional rights of a citizen, which may be restricted during the investigative action. Taking into account this circumstance, the inconsistency of the requirements of the Code of Criminal Procedure of the Russian Federation and the law enforcement practice developed on its basis with the requirements of the Constitution of the Russian Federation, according to which the restriction of any constitutional right should be carried out on the basis of a court decision or with subsequent notification of the court about the investigative action. It is proposed to adhere to the procedure of judicial authorization in all cases of restriction of the constitutional rights of citizens.