Процессуальный порядок реализации последующего судебного контроля (по правилам ч. 5 ст. 165 УПК РФ)

Abstract

Introduction. The article deals with the procedure of producing subsequent judicial control. Particular attention is paid to the analysis of problematic aspects of the legislatively specified list of investigative actions, with regard to which the judicial control is implemented in according to part 5 of article 165 of the Code of Criminal Procedure of the Russian Federation (CCP), the participation of concerned persons in the court hearing on considering the legality and reasonability of the investigative action, as well as to the legal norms and provisions of the Supreme Court of the Russian Federation relating to the implementation of the considered type of judicial control. The relevance of the chosen research subject is determined by theoretical and applied issues related to the lack of an optimal mechanism for implementing subsequent judicial control over making investigative actions, legislative shortcomings and discordance of judicial practice.
 Research methods. The article is based on both general scientific methods (analysis, synthesis, deduction, induction, generalisation, system-structural approach) and private scientific methods of research (interpretation of legal norms, legal forecasting, generalisation and analysis of judicial practice).
 The results of the research are reflected in the development of normative and scientific provisions to normalise practices of justice proceeding in the field of subsequent judicial control over the legality and reasonability of investigative actions.