ETHICAL PRINCIPLES OF THE PROCEDURE OF EXAMINATION IN THE CRIMINAL PROCEEDINGS OF RUSSIA
Keywords:ethical principles of pre-trial investigation, morality, examination, the exposure of an examined person, investigative activities, investigative proceedings, Article 179 of the RF Criminal Procedure Code, pre-trial procedure
The paper deals with the topical issues related to ensuring compliance with moral requirements during such investigative proceedings as a pre-trial examination. The author concludes that the morality of legislative mandates has the greatest importance in the criminally-remedial sphere, which is related to the strict application of public enforcement towards a personality. In this case, the pre-trial procedure is characterized by the active invasion of personal rights and freedoms secured on the constitutional level. In this context, the issue of compliance with moral requirements related to the special procedure of examination provided by part 4 of art.179 of the RF Criminal Procedure Code, when it comes with the exposure of an examined person, becomes topical. As a result of the analysis of the term “exposure” used but not disclosed by the legislator, the author concludes that its explanation is subjective and depends on many factors (education of an examined person, his/her nationality, religion, etc.). Therefore, the author offers an opinion about the necessity to consider the opinion of an examined person when defining a situation requiring the application of a special procedure of examination. The author concludes on the reasonability to take into account the opinion of an examined person about the sexual identity of a doctor who has the right to examine with the exposure of an examined person. It appears to be necessary when solving this issue, to take into account the opinion of an examined person and to perform an investigative action associated with the exposure involving a doctor of the opposite sex only when having the consent of an examined person. Based on the aforesaid, the author suggests introducing amendments to part 4 of Art. 179 of the RF Criminal Procedure Code aimed at the improvement of the practice of examination in the context of compliance with the requirements of the moral principles of the preliminary investigation.