Problems of legislative regulation of detention of persons performing certain types of public legal activity

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Issue: №3 (63) 2020

Heading: Topical issues of public law


Tags

Keywords: criminal proceedings, preliminary investigation, coercive measure, measures of restraint, detention, Immunity from prosecution, member of the Federation Council, deputy of the State Duma, judge of the Constitutional Court, judge.

Annotation

The article deals with the problems of regulatory regulation of detention of persons performing certain types of public legal activities, for which immunity from criminal prosecution is established. The special features of the detention of these persons are provided for by the Criminal Procedure Act, as well as other normative acts. At present, the law establishes that a court decision on detention against members of the Federation Council, deputies of the State Duma and judges is executed with the consent of the Chamber of the Federal Assembly of the Russian Federation or the qualification board of judges. Taking into account the principle of the independence of the court and the obligation of court decisions, it is proposed to amend the law and to provide for the consent of these bodies to choose this preventive measure, rather than to implement the court decision.