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PROBLEMS AND PROSPECTS OF IMPLEMENTING CERTAIN METHODS OF VERIFYING A CRIME REPORT

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PDF: Author(s): Kleshchev S. V.,
Number of journal: 3(60) Date: August 2022
Annotation:

The article discusses some ways to verify a crime report from the standpoint of their sufficiency and expediency. The existing verification mechanisms enshrined in various regulatory legal acts are analyzed. Some of the existing tools for verifying a crime report are considered in detail: the seizure of objects and documents, sending a request to officials, the requirement to conduct an audit and verification of documents, an examination. The substantiation of the significance of these methods for the criminal process is given. The article examines the legislative grounds for verifying a crime report, as well as regulatory legal acts (sources) that reflect the methods of such verification. Problematic issues are touched upon when they are implemented in practice. The opinions of domestic scientists regarding the mechanism of some methods of checking the report of a crime, their possibility of implementation in practice are considered. The analyzed methods of verification are studied from the standpoint of their constitutionality, the procedural possibility of inclusion in the materials of the criminal case, the evidentiary value. The issues of legal regulation of investigative actions at the present stage are considered. The conclusion is made about the sufficiency of certain methods of checking a crime report to make a legitimate and reasonable decision on the outcome. The role and significance of the stage of verification of a crime report for the resolution of a criminal case is revealed. Based on the analysis of the norms of the criminal procedure law, the current state of the verification mechanism is assessed from the standpoint of their sufficiency. The question of the effectiveness of such methods is also investigated. Recommendations on improving the criminal procedure legislation are given. It is concluded that there are sufficient tools in the Criminal Procedure Code of the Russian Federation in order to determine the presence of signs of a crime and make a reasoned procedural decision as part of the verification of a crime report.

Keywords:

criminal procedure, reporting of a crime, signs of a crime, the composition of a crime, methods of verification, inspection of the crime scene, verification of documents, revision, sending a request, monitoring the implementation of legislation

For citation:

Kleshchev S. V. Problems and prospects of implementing certain methods of verifying a crime report. Business. Education. Law, 2022, no. 3, pp. 247—252. DOI: 10.25683/VOLBI.2022.60.344.