ENSURING THE RIGHT TO PROTECTION WHEN CHECKING REPORTS OF CRIMES
Tagirova N.M.
Kuzbass institute of the FPS of Russia (Novokuznetsk, Russia), Head of the faculty of vocational training and additional vocational education.
Brylyakov S.P.
Prosecutor of the Department for Supervision of Criminal Procedural and Operational-Investigative Activities of the Ministry of Internal Affairs and the Ministry of Justice of Russia, of the Department for Supervision of Criminal Procedural and Operational-Search Activities of the Prosecutor’s Office of the Kemerovo Region-Kuzbass, Senior Lecturer of the Faculty of Law of the Kuzbass institute of the FPS of Russia (Novokuznetsk, Russia), candidate of law, associate professor.
Annotation:
The article analyzes the essence of the principle of ensuring the right to defense and the peculiarities of its implementation at the initial stage of criminal proceedings. The authors have proposed a mechanism for real ensuring the right to defense at the stage of initiation of a criminal case. Based on the analysis of the current legislation, the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, law enforcement practice, as well as taking into account the approaches expressed in the criminal procedural doctrine, the need to ensure the right to protection of persons in respect of whom the verification of reports of crimes is carried out is substantiated, and in fact with the status of a suspect.
Keywords:
initiation of a criminal case; the right to defense; suspect; obtaining an explanation; defense lawyer, suspect.
