GLOSS TO THE RULING OF THE DISTRICT COURT IN JELENIA GÓRA DATED NOVEMBER 10, 2016, FILE REF. NO. VI KA 431/16 (APPROVING)

The subject of the study is a commentary to the judgement of the appeal court, in which the court expressly denied the possibility of performing the examination of a premises as part of investigative operations, even if such activity was performed with the voluntary provision of premises by a person authorised to dispose of it.

CRIMINAL PROCEDURE PROBLEMS OF DRAWING

The article examines the relationship between the procedural and tactical aspects of search and seizure, their common and distinctive features, draws attention to the essence of the compulsion of these investigative actions. The concept of «voluntariness» is analyzed in relation to the production of seizure. The article reveals the problems of procedural regulation of seizure in cases of voluntary provision of objects both by participants in criminal proceedings and by other citizens and officials. It is proposed to introduce into the Criminal Procedure Code of the Russian Federation a new article on the appearance in criminal proceedings of objects that are significant for the case.