employee
Russian Federation
The article analyzes the effectiveness of the legal expertise of criminal procedure legislation on the example of the implementation of the norms governing the seizure of electronic media in criminal cases. This issue is considered in its development, from the moment of the emergence of these legal norms, their evolution and operation in practice. Documents reflecting the law-making process, as well as materials of judicial and investigative practice related to the production of investigative actions, during which electronic media are seized, are examined. As a result of the study, conclusions are drawn about the discrepancy between the content of the norm in the representations of the legislator and its actual implementation in legal practice, as well as about the insufficient effectiveness of legal expertise of laws in the field of criminal proceedings.
legal expertise, electronic media, seizure, search
1. The code of criminal procedure of the Russian Federation no. 174-FZ of December 18, 2001. Collection of legislative acts of the RF, 2001, no. 52, art. 4931. (In Russ.)
2. On amendments to the articles 76.1 and 145.1 of the Criminal code of the Russian Federation and the Criminal procedure code of the Russian Federation: federal law no. 533-FZ of December 27, 2018. Collection of legislative acts of the RF, 2018, no. 53, art. 8459. (In Russ.)
3. Criminal Code of the Russian Federation no. 63-FZ of June 13, 1996. Collection of legislative acts of the RF, 1996, no. 25, art. 2954. (In Russ.)
4. Transcript of the discussion of draft law no. 593998-7 “On Amendments to Articles 76.1 and 145.1 of the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation (on exemption from criminal liability in connection with compensation for damage)”. URL: https://sozd.duma.gov.ru/bill/593998-7 (accessed 12.14.2021). (In Russ.)
5. On Amendments to the Criminal Procedure Code of the Russian Federation: federal law no. 143-FZ of July 28, 2012. Collection of legislative acts of the RF, 2012, no. 31, art. 4332. (In Russ.)
6. Transcript of the discussion of draft law no. 20801-6 “On amendments to the Criminal Procedure Code of the Russian Federation (On clarifying the procedure for the seizure, storage and return to legal owners during the investigation of criminal cases of electronic media)”. Internet portal System of Legislative activity. URL: https://sozd.duma.gov.ru/bill/20801-6 (accessed 14.12.2021). (In Russ.)
7. Appeal decision of the Murmansk Regional Court no. 22k-1391/2019 of October 15, 2019. URL: https://sudact.ru/regular/doc/WTLdVg0Ku6ZN/ (accessed 05.12.2021). (In Russ.)
8. Verdict of the Solombalsky District Court of Arkhangelsk no. 1-10/2020 of May 14, 2020. URL: https://sudact.ru/regular/doc/ln4YhzKmfBHP/ (accessed 05.12.2021). (In Russ.)
9. Appeal resolution of the Supreme Court of the Republic of Crimea no. 22-2783/2019 dated September 24, 2019. URL: https://sudact.ru/regular/doc/wKtPWNpUmRZO/ (accessed 05.12.2021). (In Russ.)
10. Appeal decision of the Judicial Board for Criminal Cases of the Moscow City Court of October 7, 2013 in case no. 10-9861. URL: https://sudact.ru/regular/doc/EmrOjKn4X5Zm/ (accessed 05.12.2021). (In Russ.)
11. Appeal decision of the Murmansk Regional Court no. 22k-1391/2019 of October 15, 2019. URL: https://sudact.ru/regular/doc/WTLdVg0Ku6ZN/ (accessed 05.12.2021). (In Russ.)
12. On the Regulations of the State Duma of the Federal Assembly of the Russian Federation: resolution of the State Duma of the Federal Assembly of the Russian Federation no. 2134-II of January 22, 1998. Collection of legislative acts of the RF, 1998, no. 7, art. 801. (In Russ.)
