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IKBFU's Vestnik. Series: Humanities and social science

2025 Issue №3

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Alexandrova L.A.

An investigative action as a set of procedural measures and an element of the system in the structure of the institution of evidence

DOI
10.5922/vestnikhum-2025-3-3
Pages
32-40

Abstract

The Criminal Procedure Law provides an exhaustive list of investigative actions and de­fines the procedure and specific features of each of them. At the same time, in law enforcement practice, difficulties often arise, leading either to the recognition of evidence as inadmissible or to the violation of the rights of participants in criminal proceedings. In some cases, practice goes beyond theoretical explanations and constructions, forming certain patterns of actions by investigators and inquirers, as well as approaches of courts to the consideration and resolu­tion of relevant complaints, which do not always comply with the requirements of the law. These contradictions determine the relevance of the topic under discussion and demonstrate the need to search for new perspectives that allow a somewhat different consideration of inves­tigative actions as a legal phenomenon, which determined the aim of this article. To achieve this aim, along with general scientific methods (logical, comparative analysis, synthesis), spe­cific legal methods (interpretation of legal norms and formal-legal analysis) were also applied. The empirical method formed the basis for addressing law enforcement practice. This made it possible to determine the place of the system of investigative actions within the structure of the institution of evidence. Taking into account the complexity of conducting investigative actions and the wide range of activities they encompass, it was possible to resolve the issue of their correspondence to the general characteristics of forensic examination, the operational part of which is carried out by a person possessing special knowledge, as well as to identify a group of structurally similar actions. As a conclusion, a structural-systemic approach to de­fining investigative actions through the definition of their system is proposed.