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Despite the fact that modern Russian criminal procedure legislation has more than twenty years of history, issues related to the detention of a person on suspicion of committing a crime are among the most controversial.
In the article, the author considers certain aspects related to the detention of a person suspected of committing a crime, related to the uncertainty of the category of "actual detention" of a person suspected of committing a crime, as well as problems related to the realization by a person suspected of committing a crime of his right to protection, and concludes that all of the above the problems are a consequence of the violation of the fundamental principle of Russian law – the principle of legal certainty, which assumes, among other things, clarity and transparency of legal norms, as well as the absence of contradictions between legislative norms.
So, on the one hand, the Criminal Procedure Code of the Russian Federation guarantees a person suspected of committing a crime the right to defense with the involvement of a defender, indicating the obligation to draw up a protocol of detention of such a person, exclusively in the presence of a defender. On the other hand, the moment at which the bodies of inquiry, the inquirer or the investigator are obliged to notify about the possibility of exercising the right to protection is not legally defined. Similarly, the status of a person actually detained on suspicion of committing a crime by persons who are not related to the bodies of inquiry, the inquirer or the investigator, but who have legislative rights to carry out detention, is not defined. In these conditions, the question of the reality, non-exclusivity and practical feasibility of the constitutionally guaranteed rights is very debatable.
Keywords:suspect in the commission of a crime, actual detention, criminal process, defender, protocol of detention, right to defense
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