False arrest, imprisonment or detention
Mission. This article focuses on the problems of false arrest, imprisonment or detention in the Russian Federation. The article will consider the question of the ratio of art. 301 “False arrest, imprisonment or detention”, art. 285 “Abuse of offi ce” and art. 293 “Negligence” of the Criminal Code of the Russian Federation. There will also be considered the problem of the use of such a preventive measure as arrest. Methodology. As the scientifi c article was written, both general scientifi c and special research methods were used, namely: analysis, synthesis, comparative, historical and formal-logical. Literature concerning this topic and normative legal acts have also been studied. Conclusions. The author identifi ed the need for a legislative defi nition of the criteria of legality and illegality of arrest, as well as imprisonment. Because administrative arrest and custodial restraint in criminal proceedings infringe upon the right to freedom and personal integrity guaranteed by the Constitution of the Russian Federation, the author proposes to expand the scope of Article 301 “False arrest, imprisonment or detention” of the Criminal Code of the Russian Federation and prosecute offi cials who made an obviously unlawful administrative arrest. Scientifi c and practical signifi cance. The author has identifi ed and justifi ed the need for legislatively securing an exhaustive list of criteria for the legality and illegality of arrest and imprisonment. On the basis of the research conducted by the author, it is proposed fi rst of all to eliminate the imperfection of the procedure for imprisonment. Secondly, based on the analysis, it is proposed to expand the scope of application of article 301 of the Criminal Code of the Russian Federation.