ACTIVITY OF THE COURT DURING JUDGMENT DECISIONS ON THE APPLICATION OF CERTAIN MEASURES OF PROCEDURAL PREVENTION, FORCING AND PERMISSION OF PRODUCTION OF CERTAIN INVESTIGATIVE ACTIONS

The article is devoted to topical issues of the court, in particular the judge, in the process of judicial control upon request of an investigator or inquiry officer to obtain a court decision on the production of an investigative action or procedural restraint or coercion against a suspect or a person accused of committing a crime. The first aspect of the phenomenon under study concerns the adoption of a judicial decision in the application of preventive measures that restrict the personal freedom of a citizen and a person, in the form of detention, house arrest, bail and prohibition of certain actions regulated by Art. 29, 97, 99, 105 (1), 106, 107 and 108 of the Criminal Procedure Code of the Russian Federation. The next aspect of the problem under study concerns the issues of the production of investigative or other procedural actions during the preliminary investigation or inquiry, carried out with court permission in accordance with Parts 1—4 of Art. 165 of the Criminal Procedure Code of the Russian Federation, or in exceptional cases when their proceedings do not tolerate the delay of investigative or other procedural actions by the investigator or interrogating officer, where after they have been carried out, the court of general jurisdiction verifies the legality of the decision on its production (part 5 of Art. 165 of the Criminal Procedure Code of the Russian Federation). Issues devoted to the protection of private and other property, identified in the criminal procedural legislation of the Russian Federation, constitute another aspect of the problem considered in the article. These, in our opinion, should include everything related to compensation for property damage. The last aspect examines topical issues of the judicial procedure for considering complaints about unlawful actions or inaction of the body of inquiry, interrogator, investigator, head of the investigative body and prosecutor in pre-trial proceedings in criminal cases (Art. 125 of the Criminal Procedure Code of the Russian Federation).

court, judge, investigator, inquiry officer, detention, property arrest, investigative action, petitions, preventive measure, prosecutor.

Vlasov V. I. Activity of the court during judgment decisions on the application of certain measures of procedural prevention, forcing and permission of production of certain investigative actions. Business. Education. Law, 2021, no. 3, pp. 265—271. DOI: 10.25683/VOLBI.2021.56.312.