Judicial control over public inspection of premises, buildings, structures, areas of terrain and vehicles
Authors:
1.
Omskaya akademiya MVD Rossii
Type:
Article
Pages:
from 84
to 90
Status:
Published
Received:
24.05.2025
Accepted:
27.06.2025
Published:
13.07.2025
Language:
Russian
Keywords:
Public inspection of premises, housing, judicial control, issuance of judicial permission, consideration of complaints, operational search activity
Abstract (English):
Introduction. The potential for significant restriction of the rights of citizens and legal entities during a public operational search activity such as inspection of premises, buildings, structures, terrain and vehicles presupposes the existence of a system of control over the actions taken. Judicial review is an effective element of such a system. The current practice of judicial review has a number of legal and organizational shortcomings. The author of the article have identified the prerequisites for unjustified restriction of rights during the operational search activity in question, as well as the circumstances that impede the effective use of forces, means and methods of state bodies carrying out operational search activities in achieving their goals. Methods. The study, the results of which are presented in this article, used the general scientific dialectical method of cognition of reality, which involves a complete and comprehensive study of phenomena, consideration of the connections and contradictions between them. In addition, the methods of description, logical comprehension, abstraction and generalization, comparative legal and historical-legal methods were used. Results. The author argues the need for the court to request additional materials and prohibit the use of information from unverified sources as a basis for conducting a public examination. A proposal is formulated to create a specialized service in the Information Analytical System for Ensuring the Activities of Internal Affairs Bodies, which would provide the court with the opportunity to consider the issue of permitting the conduct of operational-search activities remotely using an electronic digital form. Measures are proposed to prevent the broad application of the provisions of Article 182 of the Criminal Procedure Code of the Russian Federation to a public examination. The application of measures to ensure the conduct of this operational search activity is substantiated. A distinction is made between the constitutional rights of citizens and legal information about the existence of such rights.
Introduction. The potential for significant restriction of the rights of citizens and legal entities during a public operational search activity such as inspection of premises, buildings, structures, terrain and vehicles presupposes the existence of a system of control over the actions taken. Judicial review is an effective element of such a system. The current practice of judicial review has a number of legal and organizational shortcomings. The author of the article have identified the prerequisites for unjustified restriction of rights during the operational search activity in question, as well as the circumstances that impede the effective use of forces, means and methods of state bodies carrying out operational search activities in achieving their goals. Methods. The study, the results of which are presented in this article, used the general scientific dialectical method of cognition of reality, which involves a complete and comprehensive study of phenomena, consideration of the connections and contradictions between them. In addition, the methods of description, logical comprehension, abstraction and generalization, comparative legal and historical-legal methods were used. Results. The author argues the need for the court to request additional materials and prohibit the use of information from unverified sources as a basis for conducting a public examination. A proposal is formulated to create a specialized service in the Information Analytical System for Ensuring the Activities of Internal Affairs Bodies, which would provide the court with the opportunity to consider the issue of permitting the conduct of operational-search activities remotely using an electronic digital form. Measures are proposed to prevent the broad application of the provisions of Article 182 of the Criminal Procedure Code of the Russian Federation to a public examination. The application of measures to ensure the conduct of this operational search activity is substantiated. A distinction is made between the constitutional rights of citizens and legal information about the existence of such rights.
Keywords:
Public inspection of premises, housing, judicial control, issuance of judicial permission, consideration of complaints, operational search activity
Public inspection of premises, housing, judicial control, issuance of judicial permission, consideration of complaints, operational search activity
