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Title of Article

SOME PRACTICAL ISSUES CONCERNING COMPULSORY COLLECTION OF SAMPLES FOR COMPARATIVE EXAMINATION IN RUSSIA AND IN EUROPE


Issue
6
Date
2016

Article type
scientific article
UDC
343.14
Pages
112-117
Keywords
 


Authors
Guschev M.E.
Akademiya Sledstvennogo komiteta Rossiyskoy Federatsii

Lushin E.A.
Akademiya Sledstvennogo komiteta Rossiyskoy Federatsii


Abstract
The article discusses the importance of comparative samples for establishing the involvement or non-involvement of a person in a crime, for detecting multiple crimes committed by the same person, and for checking the investigator’s versions. The grounds for compulsory collection of samples for comparative studies and the limits of admissible coercion in the course of this investigative action are examined. The viewpoints of Russian scholars regarding the possibility of using coercion to obtain samples for comparative study are discussed. The authors support the opinion of the scholars who approve the permissibility of coercion in obtaining samples for comparative studies and examine a number of decisions of the European Court of Human Rights and the Constitutional Court of the Russian Federation. It is concluded that the legal position of the judiciary should be unified. Some recommendations are given to law enforcement agencies regarding compulsory collection of samples for comparative studies.

File (in Russian)