Conducting an inspection of the scene in places of detention
Author(s) -
S. Tkachenko
Publication year - 2020
Publication title -
law review of kyiv university of law
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.4.2020.71
Subject(s) - isolation (microbiology) , action (physics) , confidentiality , internet privacy , computer security , compliance (psychology) , computer science , psychology , law , public relations , political science , social psychology , physics , quantum mechanics , microbiology and biotechnology , biology
The article examines the issue of conducting a pre-trial investigation of the scene in places of temporary isolation, which on commonsimilar grounds can be called as a “place of detention.” The main features of temporary isolation sites have been identified and ithas been established that there is currently no generalized term that would meet the defined criteria. The article also explores the contentof the concept of “site survey”, namely, provides some definitions contained in the regulations of Ukraine and scientific sources. There are a number of differences between the concepts of «site inspection» and «housing inspection». There are some gaps, which in thecourse of investigative (search) actions on the territory of places of temporary isolation can lead to violation of the rights and freedomsof individual participants in criminal proceedings, among which are: security issues of all participants in the scene; compliance withthe preservation of investigative and confidential information by all participants in the review; belonging to the evidence seized duringthe inspection of the scene in places of temporary isolation. The multidisciplinary issues of conducting an inspection of the scene andthe need to standardize a single procedure for conducting this investigative (search) action on the territory of «places of temporary isolation» with the solution of the above problems.The article emphasizes that certain provisions in scientific and practical activities, in our opinion, need to be standardized in theissue of inspection in places of temporary isolation the following aspects: preservation of information and information that will becomeknown during the investigative (investigative) action (including, personal information of each of the participants), in particular the systemusing the system “Custody Records”, and the further admissibility of this evidence in criminal proceedings, which will be foundduring the inspection of the scene. Also, it should be noted that the legislator did not establish a term that would generalize and givethe most approximate definition of places of detention.
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