PERSONAL INVIOLABILITY IN CRIMINAL PROCEEDINGS: ON RUSSIA’S «PRIZE» PLACE IN THE «CONTEST» FOR THE SHORTEST PERIOD OF RESTRICTION OF LIBERTY WITHOUT A COURT DECISION

Abstract

The relevance of the article is related to the unsuitability of the temporal limit of extrajudicial restriction of human freedom for the needs of the law enforcement practice predefined by the Constitution of the Russian Federation and reflected in the norms of criminal procedure law, which leads to all sorts of tricks and detours, including well-disguised violations of established rules. Purpose: to identify the reasons that predetermined the establishment of this 48-hour period of extrajudicial restriction of liberty of suspected offenders. Methods: general scientific (dialectical, systemic, structural-functional, logical, etc.) and specific scientific (formal-legal, comparativelegal, historical-legal, prognostic, etc.). Results: it is suggested that the current temporal limit of extrajudicial restriction of liberty is due to legal misconceptions and misrepresentations inherent in the early period of post-Soviet Russia, as well as the desire to conform as much as possible to imposed liberal values. It is also due to spontaneous and ill-conceived constitutional and legal policy in the early 1990s, the fallacy of a number of ideas about the further development of society and the state. It is therefore suggested that the focus should be on finding a way out of this situation by making adjustments primarily to the feder al criminal procedure legislation.

Keywords

• extrajudicial restriction of liberty
• detention of a suspect
• remand in custody
• coercive measures
• suspect
• human and civil rights and freedoms
• principle of personal inviolability
• period of detention