The relationship of the procedure for obtaining samples for examination in criminal proceedings with regulatory and legal acts in the field of criminal proceedings of other countries

Abstract

The article draws attention to and analyzes the main regulatory legal acts that ensure international standards for the observance and protection of people’s rights and freedoms in terms of obtaining samples for examination, including in criminal proceedings, which include: The Universal Declaration of Human Rights, the International Covenant on civil and political rights, the European Convention on Human Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment, etc.
 In the course of the research, it was found that in practice, law enforcement agencies, in a number of cases, have to face opposition from the participants in criminal proceedings regarding obtaining biological samples of a person for examination. So, as a form of counteraction, there are: 1) refusal to voluntarily provide biological samples of a person; 2) challenging the actions of law enforcement officers regarding the legitimate use of coercion to obtain biological samples of a person; 3) active resistance during the forced collection of biological samples of a person for examination (with reference to the fact that such actions degrade the honor and dignity of a person or are dangerous for his health).
 It has been proven that in the absence of normatively defined forms, methods and subjects of the use of coercion during the forced collection of biological samples of a person in criminal proceedings, as well as ignoring the issues outlined by the legislator for a considerable time, the leading role is played by the line of conduct of the subject of the investigation, his professional competence , tactical combinations, the essence of which is to influence the person from whom the samples are taken.
 As a result of a thorough analysis of the procedure for taking samples from things and documents for examination, defined in the Criminal Procedure Code of Ukraine, demonstrates, in general, its compliance with international standards for conducting similar procedural actions, including the use of coercion. However, attention is focused on the impracticality of obtaining additional court permission to conduct a search in cases of refusal to voluntarily comply with a court order regarding the provision of samples of things and documents, as provided for in Art. 166 of the Criminal Code of Ukraine in accordance with the rules of temporary access to things and documents.