Особенности проведения судебного заседания при разрешении вопросов о заключении под стражу в качестве меры пресечения

Abstract

The problem of the validity and duration of detention can be solved, inter alia, by strengthening the adversarial nature of the court»s decision on the application of this preventive measure. The purpose of the article is to determine the appropriate possibilities of research in court in the conditions of competition and equality of the parties of factual information and data submitted by the parties in order to resolve the issue of the possibility of the use of detention or extension of its terms. Based on the analysis of the norms of the criminal procedure law, the positions of the European Court of human rights, the Supreme Court of the Russian Federation, doctrinal sources, the use of formal logical, statistical and other methods, the author comes to the following conclusions. The burden of proof of the absence of grounds for detention cannot be placed on the accused. The need to study specific facts and materials that indicate the existence of the above conditions and grounds, determines the need for a specific judicial investigation on this issue. Research of the presented materials is carried out in court session with participation of the parties on the terms of competition. In this case, the court may not enter into a discussion on the guilt of a person, but only to establish the presence or absence of grounds and conditions for the detention of a person. If the prosecution party has not submitted the relevant materials for investigation in the court session, the court may not grant the investigator's request for detention or extension of its terms. The request of the defence for the examination of witnesses, whose testimony can have a significant impact on the resolution of the question of the presence or absence of the grounds and conditions for detention must be satisfied by the court in case they are grounded, motivated and are of direct relevance to the issue under consideration.