DETENTION OF A PERSON ON SUSPICION OF COMMITTING A CRIME IN RUSSIA AND ABROAD: SOME PROBLEMS AND WAYS TO SOLVE THEM

Abstract

A comparison of the institution of detention of a person on suspicion of committing a crime in Russia and in countries such as the United Kingdom, France, Azerbaijan, Kyrgyzstan, Tajikistan, Kazakhstan, Moldova, and Belarus is made. In the process of carrying out a historical and comparative legal analysis of the provisions on the detention of suspect, some problems were identified and ways to solve them were proposed taking into account the needs of the theory and practice of the modern criminal process in Russia. Analyzing the periods of detention of suspect, the authors share the position of the UK legislator on the possibility of establishing a detention period of up to 7 days, which will ensure high-quality evidence-based information. A positive example is the Republic of Azerbaijan, which allows citizens to detain suspects without the use of physical violence. The authors defend the position, taking into account the practice of the Republic of Belarus, to allow the suspect to be detained before initiating a criminal case, since it is impossible to initiate a criminal case when a person is detained at the scene of a crime. The complexity of determining the moment of detention and the related calculation of the terms of detention allowed us to put forward a proposal on the need to draw up a report indicating the time of the actual detention of a person on suspicion of committing a crime.