On the Issue of Interim Measures Applied During the Examination of Living Persons and the Limits of the Use of Coercion in Its Production

In the article, the author examines the concept of criminal procedural examination, taking into account changes in the content of criminal procedural norms from the Soviet period to the present. The legal grounds for the production of the investigative action under consideration are analyzed, which are divided into legal and factual, indicating their individual elements. The features of the examination in relation to witnesses, victims, suspects, accused and defendants are considered. Attention is focused on the unresolved issue of ensuring the execution by the above-mentioned participants of criminal proceedings of the decision of the authorized entity on the examination, which, in accordance with the current criminal procedure legislation, is mandatory in case of their refusal to participate. The opinions of process scientists on the possibility and expediency of the use of coercion during the examination, on the methods of coercion and their boundaries are considered. The aspect of observing the rights of participants in criminal proceedings during the investigative action under consideration is touched upon. The analysis of the interim measures provided for by the criminal procedure Law for the participation of persons for whose examination, a resolution was issued on the conduct of an examination and a proposal was formulated to improve legislation in this direction. analysis of their legality and expediency in view of its specifics.