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IKBFU's Vestnik. Series: Humanities and social science

2025 Issue №3

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Avdeev V.N. Pankina I.Yu.

Performing verification actions before initiating a criminal case: theory and practice

DOI
10.5922/vestnikhum-2025-3-1
Pages
5-17
ensuring the rights of an individual operational-search action sur­vey verification actions investigative actions production criteria search seizure inspection of the scene

Abstract

The investigation of any violation of the law begins with certain actions of law enforce­ment authorities, which must comply with the purposes of criminal proceedings (Article 6 of the Criminal Procedure Code of the Russian Federation). At the stage of initiating a criminal case, such verification actions are divided into operational-search measures, other procedural actions, and investigative actions. In the theory and practice of criminal procedure, a number of issues remain regarding the system of verification actions, the criteria for their implementa­tion, the protection of the rights of the persons involved, the possibility at this stage of con­ducting questioning as an operational-search measure, and search and seizure as investigative actions. The philosophical foundation is dialectical materialism, which presupposes the study of all phenomena in their totality and systemic interconnection. The study employs methods of synthesis and analysis, induction and deduction, as well as special methods of research in the field of legal science. The main problems concerning verification actions are examined, including the determination of their legal nature, the clarification of whether the list of verifi­cation actions in the criminal procedure law is exhaustive, and the establishment of their evi­dentiary significance. The positions of scholars on these issues are analyzed, and proposals are made for improving criminal procedure legislation.