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Title of Article

JUDICIAL CONTROL OVER INVESTIGATIVE OPERATIONS AS AN ALTERNATIVE TO THE PROSECUTORIAL OVERSIGHT


Issue
4
Date
2020

Article type
scientific article
UDC
343.98
Pages
130-141
Keywords
 


Authors
Semenchuk V.V.
Dalnevostochnyy yuridicheskiy institut Ministerstva vnutrennikh del Rossii


Abstract
The article discusses some problematic issues of organizing independent control of investigative operations. The study of theoretical concepts, normative legal acts, as well as the practice of the European Court of Human Rights allowed the author to come to a conclusion that the current system of prosecutorial oversight of investigative operations does not meet the criterion of objectivity. As an alternative, it is proposed to create a system of current judicial control of investigative operations. According to the author, the subject of judicial control should cover the conduct of investigative measures that restrict the constitutional rights of citizens, and police operations in which there is a risk of provocation of a crime. The author concludes with some proposals regarding the organizational structure of judicial control.

File (in Russian)