Practice of using the results of operational and investigative activity in pre-trial proceedings (forced seizure of samples for comparative study)

The mechanism of obtaining samples for comparative research through the production of operational investigative measures in cases of refusal to voluntarily provide them is considered. The procedural guarantees of the observance of the rights and freedoms of participants in criminal proceedings are listed, complaints of violation of which are most often found in the materials of judicial practice. Based on the arguments presented in this study, it is concluded that it is possible to obtain these samples as a result of operational investigative activities in the framework of the execution of the investigator’s instructions, and also describes the way to legalize them in the criminal procedure field.

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Publication Details

Journal
Siberian Law Herald
Published
2025-01-01
DOI
https://doi.org/10.26516/2071-8136.2025.1.127
Primary Topic
Education, Law, and Society
Type
article
Field-Weighted Citation Impact
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article

Practice of using the results of operational and investigative activity in pre-trial proceedings (forced seizure of samples for comparative study)

S. Yu. Shemchuk
Siberian Law Herald
Education, Law, and Society
article

Practice of using the results of operational and investigative activity in pre-trial proceedings (forced seizure of samples for comparative study)

S. Yu. Shemchuk
article en

Abstract

The mechanism of obtaining samples for comparative research through the production of operational investigative measures in cases of refusal to voluntarily provide them is considered. The procedural guarantees of the observance of the rights and freedoms of participants in criminal proceedings are listed, complaints of violation of which are most often found in the materials of judicial practice. Based on the arguments presented in this study, it is concluded that it is possible to obtain these samples as a result of operational investigative activities in the framework of the execution of the investigator’s instructions, and also describes the way to legalize them in the criminal procedure field.

Siberian Law HeraldVol. 1
Openalex Percentile: Top 92%
Education, Law, and Society
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