employee
Russian Federation
The article analyzes the essence and content of the petition of the investigating authorities to the court for permission to conduct an investigative action and the court decision adopted on its basis. It is concluded that the specified procedural documents do not specify the specific constitutional rights of a citizen, which may be restricted during the investigative action. Taking into account this circumstance, the inconsistency of the requirements of the Code of Criminal Procedure of the Russian Federation and the law enforcement practice developed on its basis with the requirements of the Constitution of the Russian Federation, according to which the restriction of any constitutional right should be carried out on the basis of a court decision or with subsequent notification of the court about the investigative action. It is proposed to adhere to the procedure of judicial authorization in all cases of restriction of the constitutional rights of citizens.
a court decision on authorizing an investigative action, a resolution on initiating a petition before the court, the Constitution, a search of a home, control and recording of telephone conversations, criminal procedure law, personal secrecy, constitutional rights
1. On the refusal to accept for consideration the complaint of citizen Prozorovsky Dmitry Alexandrovich for violation of his constitutional rights by Articles 176, 177 and 195 of the Criminal Procedure Code of the Russian Federation: definition of the Constitutional Court of the Russian Federation no. 189-O of January 25, 2018. Laws, codes and normative legal Acts of the Russian Federation: website. URL: https://legalacts.ru (accessed 02.11.2021). (In Russ.)
2. Resolution of the Leninsky District Court of Vladikavkaz RSO-Alania on the material no. 3/7-125/17 of June 14, 2017. Archive of the Leninsky District Court of Vladikavkaz RSO-Alania, 2017. (In Russ.)
3. On the practice of consideration by courts of petitions for investigative actions related to the restriction of constitutional rights of citizens (Article 165 of the Code of Criminal Procedure of the Russian Federation): resolution of the Plenum of the Supreme Court of the Russian Federation no. 19 of June 1, 2017. URL: https://www.garant.ru/products/ipo/prime/doc/71589794/ (accessed 02.11.2021). (In Russ.)
4. About postal communication: federal law no. 176-FZ of July 17, 1999. Rossiyskaya Gazeta, 1999, July 22. (In Russ.)
5. Smirnov A. V., Kalinovsky K. B. Commentary on the Criminal Procedure Code of the Russian Federation. Article by article / gen. ed by A. V. Smirnov. 4th ed., reprint. and add. Access from the reference legal system “ConsultantPlus” (accessed 02.11.2021). (In Russ.)
6. Yakovlev A. N. The legal status of digital information extracted from computer and mobile devices: “e-mail”. Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia, 2014, no. 4. (In Russ.)
7. Bagmet A. M., Skobelin S. Yu. Limits of restriction of constitutional rights of citizens during the inspection of cell phones of participants in criminal proceedings. Criminal law, 2017, no. 6, pp. 97-103. (In Russ.)
8. Decision of the US Federal District Court of the Southern District of Ohio of October 3, 2018. URL: https://assets.documentcloud. org/documents/4951289/iPhone-X-Face-idsearch-in-Ohio.pdf (accessed 02.11.2021). (In Russ.)
