Национальный цифровой ресурс Руконт - межотраслевая электронная библиотека (ЭБС) на базе технологии Контекстум (всего произведений: 635043)
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Первый авторMedvedev
Страниц11
ID449967
АннотацияThe article notes the relevance and incompleteness of the study by the lawyers and criminalists of the issues of urgent searches. It examines the state of the current legislation on the search procedures, including urgent searches taking into account the hierarchy of the Russian legislation system. The article also sets the problems of legal regulation of urgent search and justiёes the necessity of the independent regulatory actions of this type of search. It speciёes the interrelation between the criminal procedure and the operational-search activity during the urgent search, which must be balanced at the legislative level. Moreover, we analyzed possible options for legal regulation of the urgent search: departmental and interdepartmental regulatory of the urgent search order. For the purpose of longterm development of the study of search, we propose to systematize the rules regulating the search activity into a single legal act: the federal law on search including the rules providing for the grounds, conditions and procedure for the urgent search.
УДК343.123.1:343.132
Medvedev, I.A. Current Status and Problems of Legal Regulation of Urgent Search in Criminal Cases / I.A. Medvedev // Журнал Сибирского федерального университета. Гуманитарные науки. Journal of Siberian Federal University, Humanities& Social Sciences .— 2016 .— №1 .— С. 218-228 .— URL: https://rucont.ru/efd/449967 (дата обращения: 04.05.2024)

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Humanities & Social Sciences 1 (2016 9) 218-228 ~ ~ ~ УДК 343.123.1:343.132 Current Status and Problems of Legal Regulation of Urgent Search in Criminal Cases Igor A. Medvedev* Siberian Institute of Law Federal Drug Control Service of Russia (Krasnoyarsk) 20 Rokossovskogo Str., Krasnoyarsk, 660131, Russia Received 18.07.2015, received in revised form 21.09.2015, accepted 20.12.2015 The article notes the relevance and incompleteness of the study by the lawyers and criminalists of the issues of urgent searches. <...> It examines the state of the current legislation on the search procedures, including urgent searches taking into account the hierarchy of the Russian legislation system. <...> The article also sets the problems of legal regulation of urgent search and justifi es the necessity of the independent regulatory actions of this type of search. <...> It specifi es the interrelation between the criminal procedure and the operational-search activity during the urgent search, which must be balanced at the legislative level. <...> Moreover, we analyzed possible options for legal regulation of the urgent search: departmental and interdepartmental regulatory of the urgent search order. <...> For the purpose of longterm development of the study of search, we propose to systematize the rules regulating the search activity into a single legal act: the federal law on search including the rules providing for the grounds, conditions and procedure for the urgent search. <...> Keywords: urgent search, legal regulation, operational-search activity, criminal procedure legislation, search activities, departmental and interdepartmental instructions. <...> At search in the prescribed manner unreasonably much time is spent on © Siberian Federal University. <...> Current Status and Problems of Legal Regulation of Urgent Search in Criminal Cases of the search objectives. <...> Since the research is based on the idea that the concepts of the “operational-search activity” and the “search” are not identical, the latter is a broader and independent area of activity involving not only search operations, but also the procedural and organizational-tactical actions. <...> Thus, the Art.4 of the Federal Law on the OSA stipulates the legal basis for operational-search activity, which consists of the Constitution of the Russian Federation, the Federal Law on the OSA, other federal laws and other normative legal acts of the federal authorities adopted in accordance with them. <...> It also determines that the bodies carrying out the operational-search activity within their powers in accordance with the legislation of the Russian Federation <...>