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Legal Studies
Reference:

Experience in regulating the examination in the criminal process of Germany and Switzerland

Shamsutdinov Marat Minefaetovich

PhD in Law

Associate Professor, Department of Criminal Procedure and Criminalistics, Federal State Autonomous Educational Institution of Higher Education "Kazan (Volga Region) Federal University"

420111, Russia, respublika Tatarstan, g. Kazan', ul. Kremlevskaya, 18, kab. 309A

mshamsutdinov@mail.ru
Other publications by this author
 

 

DOI:

10.25136/2409-7136.2022.5.37975

Received:

30-04-2022


Published:

12-05-2022


Abstract: The article aims to highlight the experience of individual foreign countries (Germany and Switzerland) in the legal regulation of such a specific institution of criminal procedure law as examination. The object of this study is criminal procedural legal relations arising during the production of a visual examination of a living person's body in order to obtain information relevant to a criminal case. The subject of the study is the norms of the criminal procedure legislation of Russia, Germany and Switzerland, regulating the grounds and procedure for the production of this investigative action, as well as the works of individual scientists devoted to the investigative action under study. The main method of cognition in the course of the study was the comparative legal method, methods of analysis, synthesis, system-structural method and modeling method were also used. The novelty of the study was that the author critically examined the norms of the criminal procedure legislation of certain foreign states from the Romano-German legal family on examination, both in comparison with each other and with a similar institution of the Russian criminal process. As a result of comparing the norms of the legislation of Germany and Switzerland, the peculiarities of the legal nature and legislative regulation of the institute of examination in these states were revealed. The result of the research was the original author's proposals and recommendations on using the experience of certain norms of foreign legislation to make appropriate changes to domestic criminal procedure legislation.


Keywords:

investigative actions, preliminary investigation, force, witness, the victim, inspection, investigator, medical examination, pre-trial proceedings, court

This article is automatically translated.

One of the ambiguous investigative actions that constantly cause a lot of discussion among both procedural scientists and law enforcement officers is the examination provided for in Article 179 of the Criminal Procedure Code of the Russian Federation (CPC of the Russian Federation)[1]. On the one hand, being a kind of investigative examination, it would seem that it should not be of any coercive nature, at the same time, the objectives of this investigative action put investigators (interrogators) in a very difficult situation: to obtain the desired information from the person opposing this, without being able to apply physical coercion to him. Let's add a few more to this problem: uncertainty in the procedure of examination involving the exposure of the body of a person [2, 3], a gap in the regulation of the examination of a minor [4, 5], the lack of a clear distinction between investigative and medical examination [6, 7]. In general, the problems of examination at different times have been the subject of research by representatives of various authoritative legal scientific schools [8-20], however, a comprehensive procedural and criminalistic monographic study, like that carried out by Yu. G. Torbin [21, 22], has not been conducted for more than 15 years [23], which does not contribute to the further development of this institute of Russian criminal law.procedural law. Without detracting from the results of the achievements carried out by the researchers of the Institute of Certification, in turn, I would like to draw attention to the experience of its regulation in certain foreign countries of the Romano-German legal family.

Comparative legal studies of various legal institutions of criminal procedure law, as a rule, are aimed at clarifying historical traditions in criminal proceedings and legislation of certain foreign states, and, which is of considerable practical value for the domestic legislator, on this basis to outline the vector of further development of Russian legal institutions. Therefore, a similar goal can be determined for the study of the regulation of the examination in the criminal process of foreign countries. The study of similar procedural institutions in the legislation of foreign countries, as well as the experience of their practical application, helps to demonstrate to the domestic researcher and legislator the optimal ways and techniques for improving the Russian criminal procedure legislation.

In this regard, we believe that for the study of the criminal procedure institute of examination, it will be interesting to consider the legislation of such Western European states as Germany and Switzerland. These states, firstly, are representatives of the continental legal system closest to us and have codified criminal procedure legislation, and secondly, the regulation of investigative actions in the countries of the Romano-German legal family, unlike the states of the Anglo-Saxon legal family, is considered precisely from the point of view of the criminal process. In addition, it is worth noting that, unlike France, Germany has a more practical, and as a result, in our opinion, a more effective criminal process. As for Switzerland, the criminal proceedings of this state have rarely been considered in the criminal procedure literature [24], which also prompted us to highlight its experience in the regulation of the examination.

So, the criminal process in Germany is carried out in accordance with the Criminal Procedure Code of the Federal Republic of Germany (from German - Strafprozessordnung, abbreviated – StPO), which, taking into account quite numerous and conceptual changes, is based on the Imperial Criminal Procedure Code of Germany of February 1, 1877.[25] In this regard, we note the surprisingly scrupulous attitude in Germany to its legislative traditions, which neither the years of the National Socialist Party's rule, nor the division of Germany after World War II, nor its unification at the end of the XX century could reverse.

The institute of examination by the German legislator is placed in section VII "Experts and perception of material evidence" and includes paragraphs devoted to both the actual examination (similar to Article 179 of the Criminal Procedure Code of the Russian Federation) and forensic medical examination, genetic research, which leads us to an analogy with the Russian Statute of Criminal Proceedings of 1864 [26, p.117-384].

Examination in the Criminal Procedure Code of the Federal Republic of Germany, the legislator and the German lawyers interpreting his plan include in the so-called "physical examination" (k?rperliche Untersuchung), distinguishing it from a personal search (k?rperliche Durchsuchung), mainly aimed at obtaining physical evidence available on the body or in the clothes of the suspect. Examination, on the contrary, involves the use of so-called "invasive medical methods". This together allows us, following the German lawyers, to attribute the examination in the Criminal Procedure Code of Germany to coercive measures that invade the personal sphere (body sphere) of a participant in criminal proceedings [25, p.52]. In practice, along with the "external examination", in which the body is examined from the outside, including natural openings, as well as using ultrasound, so-called "invasive measures" are allocated, providing for the introduction into the body. In any case, acceptable measures include computed tomography, electroencephalography, ECG, X-ray, and unacceptable - angiography, removal of bile with a catheter, phallography, forced administration of emetics and laxatives. In addition, the admissibility of the use of certain medical measures is also affected by the degree of suspicion, the severity of the crime, or the scientific approbation of research methods.

Also, as in Russia, for the examination to be carried out, it is required to issue a special resolution, which in Germany is issued by the judge of the court who has jurisdiction over this criminal case, or in cases that do not tolerate delay - the prosecutor's office and persons conducting an investigation on behalf of the prosecutor's office. At the same time, such a decision may not be made if the accused does not object to conducting an examination against himself, however, if it is necessary to use especially "harsh invasive measures", making a decision for their use is mandatory in any case.

As part of the examination under the Criminal Procedure Code of the Federal Republic of Germany, it is allowed to forcibly obtain samples from the accused for comparative research, including biological origin (blood samples, cells), cut his hair and beard, photograph him (including individual body parts), get his fingerprints, palms of hands, feet, and take other measurements.

One of the features of the Criminal Procedure Code of Germany is that it highlights in a separate paragraph the norms aimed at regulating the examination of persons other than the accused, for example, victims or witnesses. Thus, according to the provisions of paragraph 81c, they may be examined without their consent by a judge's order or, in urgent cases, by a prosecutor's order or by the persons conducting the investigation, at the direction of the prosecutor's office, if certain traces or consequences of a criminal act relevant to the crime under investigation can be found on their body [25, p.128]. At the same time, traces are understood, for example, changes on the body of the victim, using which it is possible to establish the identity of the criminal: wounds inflicted by cold and firearms, as well as traces of the criminal of a biological nature (blood, semen, epithelial particles in the subcutaneous contents). The consequences of the crime are understood as changes on the victim's body that have no identification value: knocked out teeth, scratches, bruises, the general state of health of the victim. All these manipulations can be performed if, taking into account all the circumstances, it is acceptable for the person to be examined, otherwise they are unacceptable. Acceptability in such situations is determined taking into account the balance of the personal interests of the witness, as well as the type and consequences of the measures taken during the examination. In order to clarify the acceptability of such actions, the witness is notified in advance of the planned actions, their nature is explained to him, as well as his right to refuse to perform them, for example, a witness may refuse to perform such actions against himself if he belongs to the relatives of the person being investigated. In any case, without the consent of the witness, it is unacceptable to conduct his examination aimed at establishing facts that allow assessing his testimony (mental state, observational and visual capabilities) [25, p.129]. In the absence of the above-mentioned valid grounds for the person refusing the examination, he may be subjected to a monetary penalty, and if, despite the monetary penalty, he also continues to refuse to participate in this action, he may be arrested for up to six months, and the examination itself will be carried out with the use of physical coercion by a special order of the judge.

Very interesting in the Criminal Procedure Code of Germany is paragraph 81d, aimed at preventing the so-called "insulting feelings of modesty", which contains fairly detailed rules on the procedure for conducting an examination of persons of the other sex [25, p.130]. Firstly, it is indicated that such an examination should be carried out by a person of the same sex or a female or male doctor. Secondly, in any case, the examination is carried out in compliance with these rules if it is carried out against a person over six years old and involves exposing the body. Thirdly, the person in respect of whom it is planned to conduct such an examination is explained his right to require an examination by a person or a doctor of a certain sex, as well as the presence of his proxy during the examination. Moreover, such explanations are given to a person, even if he voluntarily agreed to participate in the examination.

According to the Swiss Code of Criminal Procedure of October 5, 2007 (as amended. dated July 1, 2014) [24, pp. 167-319] the regulation of the examination (literally translated as "examination") is carried out by interrelated norms of various sections devoted to both the collection of evidence and the application of procedural coercion measures. Thus, it should be noted that chapter 5 "Examination of persons" is included in section 4 "Searches and examinations", placed by the Swiss legislator in title 5 "Measures of procedural coercion", and not in title 4 "Evidence", as for example, it was done in relation to the inspection. According to Articles 15, 16, 18, 198 and 241 of the Swiss Code of Criminal Procedure, an examination (examination) is prescribed in a written order issued by the prosecutor's office, courts (chairmen of courts) on measures of procedural coercion, and in cases prescribed by law by the police. In urgent cases, the examination can be carried out on the basis of an oral prescription, which must subsequently be confirmed in writing. According to Part 2 of Article 241 of the Swiss Code of Criminal Procedure, the order for conducting the survey must determine: the persons being examined; the purpose of the survey; the bodies or officials authorized to conduct the survey. Also, in our opinion, the general rules for conducting the survey should include the rules established by the Swiss Code of Criminal Procedure that:

- an order to conduct an examination may be issued if it is provided for by law, and the circumstances of the case indicate the sufficiency of suspicion, the inability to obtain evidence in another way that less restricts the rights of persons (Part 1 of Article 197 of the Swiss Criminal Procedure Code);

- orders to conduct a survey in relation to persons other than the accused should be appointed (issued) with particular restraint (Part 2 of Article 197 of the Swiss Criminal Procedure Code);

- means of coercion, the use of force, threats, promises, misleading and means that may cause damage to the ability to think and freedom of will, when collecting evidence, are prohibited, even if the person has agreed to their use (Article 140 of the Swiss Criminal Procedure Code);

- when conducting an examination, officials or authorities must observe all necessary precautions to achieve the purpose of this measure (part 1 of Article 242 of the Swiss Criminal Procedure Code).

Speaking, in fact, about the examination of persons, the Swiss Code of Criminal Procedure in Article 251 establishes that it involves the identification of their physical or mental condition, and the examination of the accused is aimed at establishing the circumstances of the case, as well as to clarify his sanity, procedural capacity and the possibility to choose a measure of procedural coercion in the form of detention. It is particularly noted that a violation of the physical integrity of the accused may be prescribed "if it does not entail either severe pain or a threat to health" (Part 3 of Article 252 of the Swiss Criminal Procedure Code). In this regard, I would also like to draw attention to the right of the police, if there is a "danger of delay", to conduct an examination of natural openings and body cavities without a corresponding order from the previously mentioned officials and bodies, followed by immediate informing them about it (Part 3 of Article 241 of the Swiss Criminal Procedure Code). Examination and violation of the physical integrity of a person is carried out by a doctor or other medical professional of the relevant specialty (Article 252 of the Code of Criminal Procedure of Switzerland).

Comparing the regulations of the institute of examination in Germany and Switzerland, it should be noted that, despite the proximity of these two states and not only territorial (at least one third of the Swiss population speaks German, which is one of the official languages), there are significant differences and peculiarities in the legislation of these states regarding this investigative action:

- the regulation of examination in the Criminal Procedure Code of Germany is, in our opinion, more complete and thorough in comparison with the Criminal Procedure Code of Switzerland;

- examination under the Criminal Procedure Code of Switzerland is a measure of procedural coercion, although, as the researchers note, there are no clearly established prerequisites for this [24, p. 142];

- the norms of the Criminal Procedure Code of the Federal Republic of Germany should be positively assessed, aimed at observing the rights of the individual during the examination of other persons, in particular, at preventing the so-called "insulting feelings of modesty", as well as careful elaboration of provisions on the conditions and grounds for the use of coercion during the examination.

Concluding the analysis of the institute of examination in the criminal procedure legislation of Germany and Switzerland, it is worth making the following generalized proposals focused on the use of their legislative experience by the Russian legislator, and which should be concentrated in the following three directions:

1. it should be more clearly and directly in the interrelated articles of the Criminal Procedure Code of the Russian Federation to designate the compulsory nature of the examination, for example:

- it is necessary to fix in Article 179 of the Criminal Procedure Code of the Russian Federation the possibility to conduct an examination in relation to the accused and the suspect without first obtaining their consent. It is also necessary to support the proposal of A. G. Potapova, voiced back in 2007, that in case of direct refusal or evasion of these persons from participating in the examination without valid reasons, to establish a rule on the possibility of conducting a so-called "compulsory" examination, within which, on the basis of an appropriate court decision taken in accordance with Article 165 of the Criminal Procedure Code of the Russian Federation, physical coercion may be used.At the same time, we note that the limits and intensity of such coercion require separate discussion and research.

- such a "compulsory examination" should be included in the list of investigative actions specified in Part 2 of Article 29 of the Criminal Procedure Code of the Russian Federation and carried out only by a court decision, establishing an exception to this rule in cases that do not tolerate delay and threaten to lose traces, as well as in the case of detention of a person suspected of committing a crime.

- establish a rule on imposing a monetary penalty in the amount of 10,000 rubles on the victim or witness who evades or directly refuses to undergo an examination without valid reasons.

2. it is necessary to establish clearer guarantees of the rights of victims and witnesses during the examination, for example:

- in relation to the victim and the witness, to establish a single procedural procedure for examination, which is permissible only with their consent, recorded in the resolution by the handwritten signature of such a person. If it is impossible to obtain such consent, or if you refuse to undergo an examination without valid reasons, establish the right of the investigator in this case to carry out an examination of these persons only after receiving a court decision, taking as a basis the procedure specified in Article 165 of the Code of Criminal Procedure of the Russian Federation;

- establish special rules for the examination of minors, fixing the need for mandatory participation in the examination of the legal representatives of a minor, except in cases when a minor who has reached the age of ten does not declare otherwise, or if it is established that the actions of his legal representatives harm the interests of the minor;

3. clarify other examination procedures, for example:

- replace in Part 1 of Article 179 of the Criminal Procedure Code of the Russian Federation the term "bodily injury" with the term "signs of harm to health";

- to supplement Part 1 of Article 179 of the Criminal Procedure Code of the Russian Federation with another purpose of conducting an examination - determining the possibility of applying procedural coercion measures to a person;

- provide for the right of the court to hold a closed court session, if necessary, to carry out an examination, accompanied by the exposure of the face;

- to include in the list of persons who can be examined a person who is directly indicated by victims or eyewitnesses;

- to fix the rule on the possibility of using "non-invasive" technical means specific for him during the examination (for example, ultrasound, electrocardiogram, magnetic resonance imaging, radiography) in compliance with the procedure specified in Part 5 of Article 166 of the Code of Criminal Procedure of the Russian Federation, as well as the prohibition of the use of methods dangerous to human life and health or degrading his honor and dignity;

- to fix the rule that during the examination it is unacceptable to use physical coercion that is not provided for by law, as well as threats, blackmail, deception or abuse of trust, misleading, as well as means that may lead to a violation of the freedom of expression of a person.

References
1. URL: http://ivo.garant.ru/#/document/12125178/paragraph/1073767763:1
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3. Sinenko, S. A. (2020). Ensuring the principle of respect for honor and dignity when conducting an evaluation. Modern Criminal Procedure Law-Lessons of History and Problems of Further Reforming, 1(2), 211–217.
4. Lomakina, A. A. (2018). On the issue of conducting an examination of a minor victim in the investigation of crimes infringing on the sexual inviolability of a person. Bulletin of the Krasnodar University of the Ministry of the Interior of Russia, 1(39), 45–48.
5. Kuzmina, O. L. (2018). Problems of production of examination of juveniles in a criminal proceedings. Bulletin of the Kaliningrad Branch of the Saint-Petersburg University of the Ministry of the Interior of Russia, 4(54), 48–50.
6. Danilenko, I. A., & Rossinskiy, S. B. (2020). Investigative examination of the human body: practical and technological aspects. Criminalistics: yesterday, today, tomorrow, 4(16), 135–144.
7. Yusheeva, N. S. (2018). Medical examination in pre-trial proceedings: history and prospects. Gaps in Russian legislation, 3, 419–423.
8. Tatjanina, L.G. (2004). Examination as an investigative action. Russian investigator, 1, 7–9.
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10. Kudryavtseva, A. V. (2004). Examination according to the Code of Criminal Procedure of the Russian Federation. In Yu. P. Solovei, & A. I. Kazannik (Eds.), International Legal Readings: Materials of the scientific-practical conference (pp. 247–248). Omsk: Omsk Law Institute.
11. Smolkova, I. V. (2008). Is compulsion to be a witness admissible within the russian criminal proceedings? Criminal Law, 3, 122–128.
12. Stelmakh, V. Yu. (2016). Examination as investigative action: notion, procedural order, difference from administrative examination. Criminologist's library. Science Magazine, 4(27), 70–79.
13. Ryzhakov, A.P. (2004). Identification carried out at the stage of preliminary inquisition. News of higher educational institutions. Jurisprudence, 5(256). 151–161.
14. Kazantsev, S.Ya., & Amirov, R.G. (2014). Some aspects of the examination in the investigation of causing grievous bodily harm due to improper care. Education. The science. Scientific personnel, 6, 103–105.
15. Nasonova, I. A. (2014). Examination under the legislation of the Russian Federation and the Republic of Belarus (problematic issues of legal regulation). In V. A. Sosov (Eds.), Actual problems of law and law enforcement at the present stage: Proceedings of the International Scientific and Practical Conference (pp.130–135). Novorossiysk: Publishing House-South.
16. Stepanov, V. V., & Galushkin, V. I. (2016). Procedural and criminalistical aspects of human body examination in criminal procedure. Bulletin of the Saratov State Legal Academy, 6(113), 135–142.
17. Galushkin, V. I. (2019). About the use of duress in the production of certain procedural actions. Problems of the criminal process, criminalistics and forensic examination, 1(13), 9–14.
18. Yakimovich, Yu. K. (2009). Conducting examination. In S. A. Eliseeva, M. K. Sviridova, & R. L. Akhmedshina (Eds.), Legal problems of strengthening Russian statehood. (pp. 183–185). Tomsk: Tomsk State University.
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25. Golovnenkov, P. & Spitca N. (2012). Code of Criminal Procedure of the Federal Republic of Germany-Strafprozessordnung (StPO): Scientific and practical commentary and translation of the text of the law; with an introductory article by Professor Uwe Hellmann «Introduction to German criminal procedure law». Potsdam: University of Potsdam. doi: https://doi.org/10.25932/publishup-6039.
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A REVIEW of an article on the topic "The experience of regulating the examination in the criminal proceedings of Germany and Switzerland". The subject of the study. The article proposed for review is devoted to topical issues of legal regulation of the examination procedure in criminal proceedings in Germany and Switzerland. The author examines the problems of regulating the issues of examination in these countries in order to better understand the processes of changing the criminal procedure legislation of Russia. The subject of the study was the norms of Russian law, the legislation of Germany, Switzerland, and the opinions of scientists from Russia and abroad. Research methodology. The purpose of the study is clear from the article. The author notes that "a similar goal can be determined for the study of the regulation of examination in the criminal proceedings of foreign countries. The study of similar procedural institutions in the legislation of foreign countries, as well as the experience of their practical application, helps to clearly show the domestic researcher and legislator the optimal ways and techniques for improving Russian criminal procedure legislation." Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from the legislation of Germany and Switzerland. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of current legislation (first of all, the norms of the Code of Criminal Procedure of the Russian Federation). For example, the following conclusion of the author: "One of the ambiguous investigative actions that constantly cause a lot of discussion among both procedural scientists and law enforcement officers is the examination provided for in Article 179 of the Criminal Procedure Code of the Russian Federation (CPC RF)[1]. On the one hand, being a kind of investigative examination, it would seem that it should not be of any coercive nature, at the same time, the goals of this investigative action put investigators (interrogators) in a very difficult situation: to obtain the desired information from a person opposing this, without being able to apply physical coercion to him." It is necessary to positively assess the possibilities of the comparative legal research method, which, due to the purpose and objectives of the work, has become the basis for the study. Thus, the following conclusions are important: "Comparing the regulations of the institute of examination in Germany and Switzerland, it should be noted that, despite the proximity of these two states and not only territorial (at least one third of the Swiss population speaks German, which is one of the official languages), there are significant differences and peculiarities in the legislation of these states regarding this investigative action- the regulation of the examination in the Criminal Procedure Code of Germany is, in our opinion, more complete and thorough compared to the Criminal Procedure Code of Switzerland; - examination under the Code of Criminal Procedure of Switzerland is a measure of procedural coercion, although, as the researchers note, there are no clearly established prerequisites for this [24, p. 142]; - the norms of the Code of Criminal Procedure of Germany aimed at respecting the rights of the individual during the examination of other persons, in particular to prevent the so-called "insult", should be positively assessed feelings of modesty", as well as careful elaboration of the provisions on the conditions and grounds for the use of coercion during the examination." Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of legal regulation of the examination procedure in Russia is controversial in terms of its essence, its relationship with other categories. In this case, the generalization of foreign experience could really be useful in terms of developing on this basis a unique domestic concept that would allow solving these problems. On the practical side, it should be recognized that it is necessary to improve the Russian criminal procedure legislation, which would help make the examination procedure more effective and more fully meet the requirements of protecting the rights and legitimate interests of citizens. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article is beyond doubt. Firstly, it is expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "it is necessary to establish clearer guarantees of the rights of victims and witnesses during the examination, for example: - in relation to the victim and the witness, establish a single procedural procedure for examination, which is permissible only with their consent, recorded in the resolution with the handwritten signature of such a person. If it is impossible to obtain such consent, or if you refuse to undergo an examination without valid reasons, establish the right of the investigator in this case to carry out an examination of these persons only after receiving a court decision, taking as a basis the procedure specified in Article 165 of the Code of Criminal Procedure of the Russian Federation; - to establish special rules for the examination of minors, fixing the need for mandatory participation in the examination of the legal representatives of a minor, except in cases when a minor who has reached the age of ten does not declare otherwise, or if it is established that the actions of his legal representatives harm the interests of the minor." These and other theoretical conclusions can be used in further scientific research. Secondly, the author suggests ideas for improving the current legislation. In particular, "clarify other examination procedures, for example: - replace the term "bodily injury" in Part 1 of Article 179 of the Code of Criminal Procedure with the term "signs of harm to health"; - supplement Part 1 of Article 179 of the Code of Criminal Procedure with another purpose of conducting an examination - determining the possibility of applying procedural coercion measures to a person; - provide for the right to hold a closed court session, if necessary, to carry out an examination, accompanied by facial exposure; - to include in the list of persons who can be examined a person who is directly indicated by victims or eyewitnesses." The above conclusion may be relevant and useful for law-making activities. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Legal Studies", as it is devoted to legal problems related to the definition of issues of criminal procedure legislation in Russia and abroad. The content of the article fully corresponds to the title, since the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography.
The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia and abroad (Danilova, N. A., Danilenko, I. A., Sinenko, S. A., Yusheeva, N. S., Lomakina, A. A., Kuzmina, O. L. and others). Many of the cited scientists are recognized scientists in the field of criminal procedure. I would like to note the author's use of a large number of legal documents from Switzerland and Germany, which is especially important in the context of the purpose and objectives of the study. Thus, the works of the above authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to opponents. The author conducted a serious analysis of the current state of the problem under study. All quotes from scientists are accompanied by author's comments. That is, the author shows different points of view on the problem and tries to argue for a more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the issues of improving Russian criminal procedure legislation. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"