Правовое государство: теория и практика (Mar 2024)
ENSURING THE RIGHT TO FREEDOM OF MOVEMENT WHEN DETAINING A CRIMINAL SUSPECT (COMPARATIVE LEGAL ANALYSIS)
Abstract
The detention of a suspect entails restriction of the individual's right to freedom of movement, which may actually begin from the moment a person is seized at the crime scene by police officers or even citizens. In order to properly ensure the right to freedom of movement, the Code of Criminal Procedure of the Russian Federation stipulated in paragraphs 11 and 15 of Article 5 the necessity to calculate the period of detention from the moment of actual detention, but at the same time did not introduce a corresponding procedure in the Code of Criminal Procedure of the Russian Federation, as a result of which these legal provisions do not really work. It is therefore necessary to establish and use a criminal procedure mechanism that makes it possible to calculate the period of detention provided for by the Constitution of the Russian Federation from the moment of actual detention of a person on suspicion of committing a crime. It is desirable to take into account the experience of such mechanisms in the criminal procedure legislation of foreign states. Purpose: to find out the reasons for the existence of problems in the theory and practice of Russian criminal proceedings in calculating the period of detention of a criminal suspect from the moment of actual detention and substantiate possible ways to eliminate them. The dialectical method is used as a methodological basis of the research, as well as methods of comparative law, historical-legal, legal interpretation and logical-legal. Results: the article establishes the background of the problems of calculating the period of detention from the moment of actual restriction of a person's right to freedom of movement, it compares the procedures for calculating the period of detention in Russia and foreign countries. Proposals are made and substantiated for the establishment of a criminal procedure mechanism to ensure the right to freedom of movement when a criminal suspect is detained.
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