搜查的概念以及搜查期间个人权利和合法利益的程序保障

Bauirjan Yermekbayev
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引用次数: 0

摘要

本文详细分析了被视为刑事诉讼中侦查行为的搜查概念,以及搜查过程中个人权利和合法利益的程序保障问题。为此,作者研究了刑事诉讼法中关于搜查概念的规范以及专家和科学家在这方面的观点,并对这一概念进行了定义。进而揭示了扣押侦查行动概念的不同方面。在刑事诉讼法中,侦查人员被赋予了广泛的权力,可以在搜查过程中独立解决与个人权利、自由和利益相关的问题。本文分析了侦查人员和参与者在搜查过程中必须遵守的条件。由于搜查过程与个人的居住隐私权直接相关,文章研究了在实施这一调查行动时保障居住隐私权的国内和国际立法。同时,在这一科学研究的基础上,对在不同地点进行搜查的具体方面做出了合理的结论,包括在外交使团境内进行搜查时,与外交使团及其享有外交豁免权的雇员的权利和保障有关的问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CONCEPT OF SEARCH AND PROCEDURAL GUARANTEES OF INDIVIDUAL RIGHTS AND LEGAL INTERESTS DURING SEARCH
In this article, the concept of search, which is considered an investigative action in the criminal process, and the issues of procedural guarantees of individual rights and legal interests during the search are analyzed in detail. In this regard, the norms defined in the criminal-procedural legislation on the concept of search and the views of experts and scientists in this regard were studied, and the definition of this concept was developed by the author. In turn, the different aspects from the concept of seizure investigative action are revealed. In criminal procedural legislation, the investigator is given broad powers to independently resolve issues related to the rights, freedoms, and interests of the individual during the search. This article analyzes the conditions that the investigator and participants must follow during the search. Since the search process is directly related to the right of individuals to privacy of residence, the article researches the national and international legislation on guaranteeing the right to privacy of residence in the implementation of this investigative action. Also, based on this scientific research, reasonable conclusions were made regarding the specific aspects of conducting a search in different places, including issues related to the rights and guarantees of diplomatic missions and their employees who have diplomatic immunity when a search is conducted in the territory of a diplomatic mission.
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