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Kabelkov S.N., Grigolia G.L. Correlation of Etymological Meaning of the Concept “Urgency” as the Personification of the Evaluative Category, with the Legal Nature of the Institution of Urgent Investigative Actions

DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.7

Stanislav N. Kabelkov, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Procedure and Criminology, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-1760-2281

Guram L. Grigolia, Junior Scientific Assistant, Department of Criminal Procedure, Krasnodar University of the Russian Interior Ministry, Yaroslavskaya St., 128, 350005 Krasnodar, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-3158-0998


Introduction: the inability to avoid the use by the legislator of the evaluative categories in the framework of criminal procedure law raises questions about their precise and uniform understanding for the purpose of execution of the provisions contained in the norms of the current Criminal Procedure Code of the Russian Federation (further, unless otherwise specified, UPK). In this regard, the attention is drawn to the institution of urgent investigative actions, in whose name the legislator has put the evaluative concept of “urgency”. The attention is drawn to some etymological discrepancy between the name and the possibilities of law enforcement in the implementation of the norms of the institution of urgent investigative actions. Purpose: to conduct a study of the evaluative category “urgency” used in criminal procedure law for correlation with the institution of urgent investigative actions. Methods: the authors use the following methods of scientific knowledge: the general scientific methods (analysis, synthesis, induction, deduction) and the system-structural one, which allows analyzing the development of the institution of urgent investigative actions. Results: the study found that in the current criminal procedure legislation in order to delineate the boundaries of a separate group of investigative actions the evaluative category “urgency” is used. However, the content of the articles of criminal procedure law, regulating their practical application, does not allow us to make a complete picture of the legal nature of an independent legal institution, which is the institution of “urgent investigative actions”. Conclusions: as a result of the study it is found that the procedural capabilities of the institution of urgent investigative actions, presented in the current UPK, from the standpoint of the etymological approach correspond to a greater extent to the term “immediateness” than urgency. In this regard, it seems possible to conduct research on the establishment in the system of investigative actions the independent criminal procedural institutions of “immediate investigative actions” and “urgent investigative actions” with the mandatory theoretical developments that allow defining clear criteria for the application of the above evaluative concepts.

Key words: urgent investigative actions, bodies of preliminary investigation, bodies of inquiry, investigative actions, evaluative concepts (categories) of criminal procedure.

Citation. Kabelkov S.N., Grigolia G.L. Correlation of Etymological Meaning of the Concept “Urgency” as the Personification of the Evaluative Category, with the Legal Nature of the Institution of Urgent Investigative Actions. Legal Concept, 2019, vol. 18, no. 2, pp. 49-54. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.7

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