Mashinskaya N.V. The Problems of Legislative Regulation of the Rights of Persons Involved in the Verification of a Crime Report

DOI: https://doi.org/10.15688/lc.jvolsu.2018.1.24

Natalya V. Mashinskaya, Candidate of Juridical Sciences, Associate Professor, Head of Department of Criminal Law and Procedure, M.V. Lomonosov Northern (Arctic) Federal University, Prosp. Lomonosova, 58, 163002 Arkhangelsk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: Federal law No. 23-FZ of March, 4, 2013, provides, for the first time, for the obligation of an investigator (interrogator) to clarify the rights and obligations of persons involved in the investigation of a crime report. The novelty of this provision led to the purpose of the study – a comprehensive analysis of the statutory regulation of the rights of citizens at this stage of criminal procedure in terms of the correctness of their legislative consolidation and the effectiveness of implementation. Methods: the methodological framework for the study is the materialistic method of cognition of phenomena and the essence of the objective reality, the fundamental provisions of criminal procedure law, and the logical and legal method. Results: the analysis of the novel fixed in part 1.1 of art. 144 of Criminal Procedure Code of the Russian Federation, as well as the related criminal procedure rules that determine the modern methods of checking reports of crime, the rights and obligations of participants in criminal proceedings revealed the inconsistency of the legal regulations, which causes the difficulties, and in some cases, the impossibility of their application in practice. The problem of realizing the right of the participant of check to use the
services of the lawyer is raised. Conclusions: as a result of the study, the circle of persons - bearers of rights and obligations in the stage of initiating the criminal proceedings – is determined. The conclusion on the impossibility of realizing a number of rights and duties in the course of carrying out such methods of check as explanation, reception of samples for comparative research, examination, and judicial examination is formulated. The impossibility of realizing by some participants of check the right to use services of the lawyer is established. The article substantiates the need to clarify the constitutional rights of citizens during the verification of a crime report.

Key words: verification of a crime report, persons involved in verification of a crime report, rights and obligations.

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