Comparative Legal Analysis of the Use of Arrest in the Russian Federation and Preventive Arrest in the Republic of India to Meet the Needs of a Preliminary Investigation

Introduction. The work is devoted to a comparative legal analysis of the application of legal norms affecting the procedure of arrest in the Russian Federation and preventive arrest in the Republic of India. It has been established that, given the historical diversity of the formation of law in the Russian Federation and the Republic of India, the legal structure has significant differences, however, an analysis of the norms of law may allow us to develop mechanisms to improve the process of conducting a preliminary investigation and combating crime. As a result of an in-depth analysis, the legislative framework of the States under consideration was analyzed in order to establish common and distinct features, as well as parallels between the work of law enforcement agencies in the framework of law enforcement and the conduct of a preliminary investigation through the prism of the application of the arrest procedure, and the issue of the conceptual component of arrest was also raised based on analysis using legal hermeneutics to ensure an accurate understanding of the terminology used in the context of legal norms.

Methodology. Implementing the preparatory stage for the scientific development of the issues reflected in this study, the author used private scientific methods, including comparative legal and formal legal approaches, and also paid special attention to methods of deduction, scientific synthesis and legal analysis. In addition, the author used the method of empirical knowledge, analyzing in detail the practical experience of law enforcement officers.

Research findings. The results of the study allow us to conclude that the institution of preventive arrest in the criminal procedure legislation of the Republic of India is a unique phenomenon that differs from the domestic legal tradition and is successfully consolidated at the legislative level. Given the complexity and multidimensional nature of India's legal system, which includes a mix of different legal norms and a rich multi-level history of legislative formation, detailed regulation of preventive detention seems reasonable and acceptable. This is confirmed both from the point of view of the evolution of criminal procedure law and taking into account the historical context that has influenced modern legal norms in India.