Improving the Procedure for Protocol Recording of the Course and Results of the Search

The purpose of the research. The article analyzes the problem of unsatisfactory quality of the protocol form of recording the course and results of the search. The issue of compliance of the requirements of the criminal procedure legislation with the content of the protocol of the investigative action and the implementation of these requirements in investigative practice is highlighted. The purpose of the study is to identify the main shortcomings that occur when investigators draw up search protocols, and to determine ways to prevent them in order to ensure the evidentiary significance of the search protocol. Results. As a result of the conducted research, the authors came to the conclusion that the current criminal procedural norms regulating the content of the protocol of the investigative action and, in particular, the search, are less meaningful than the tactical and forensic recommendations devoted to the same issue. However, in investigative practice, only the norms of the CPC are naturally taken into account, while forensic recommendations are more often ignored. It seems that this approach, although not contrary to the law, ultimately negatively affects the evidentiary significance of the search results, which are evaluated by analyzing the contents of the protocol of the investigative action. In this regard, we consider the practice of reflecting in the search report only the list of discovered and seized objects, the place of their discovery and the nature of packaging (as required by Article 182 of the Code of Criminal Procedure of the Russian Federation) insufficient to ensure the criteria of admissibility and reliability of this source of evidence. It seems that achieving an objective assessment of the course and results of the search requires supplementing the circumstances specified in the law with information about the nature and content of the search actions carried out to find the objects sought, as well as individualization of the objects found by fixing their signs. In addition, due to the primacy of the law over criminalistic recommendations in the tactical and criminalistic sphere, we consider it necessary to make appropriate additions to Article 182 of the Code of Criminal Procedure of the Russian Federation.

criminal procedure, criminalistics, forensic tactics, investigative actions, search, protocol of investigative action