Journal of Siberian Federal University. Humanities & Social Sciences / Current Status and Problems of Legal Regulation of Urgent Search in Criminal Cases

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2016 9 (1)
Authors
Medvedev, Igor A.
Contact information
Medvedev, Igor A.:Siberian Institute of Law Federal Drug Control Service of Russia (Krasnoyarsk) 20 Rokossovskogo Str., Krasnoyarsk, 660131, Russia; E-mail:
Keywords
urgent search; legal regulation; operational-search activity; criminal procedure legislation; search activities; departmental and interdepartmental instructions
Abstract

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 justifies the necessity of the independent regulatory actions of this type of search. It specifies 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

Pages
218-228
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/20025

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