The features of the formation of criminal procedural evidence on the basis of materials obtained as a result of open inspections of premises in criminal cases of economic crimes
The article aims to study the formation of criminal procedural evidence on the basis of materials obtained as a result of open inspections of premises in criminal cases of economic crimes in the Russian Federation. The previous legal standards for conducting open inspections of premises of business entities have been called into question. Investigators refrain from conducting them. The article proposes new clear rules for conducting this operational-search activity in detecting and solving economic crimes. It is proposed to use the criminal procedure standard as a basis for conducting an investigative action. It is necessary to differentiate this event into two types, the first one being authorised by a public prosecutor, and the second one - by a judge (an investigative judge). It is proposed to involve commissioners for entrepreneurs' rights in conducting an open inspection of entrepreneurs’ premises. Objects, documents, and electronic media seized for the purpose of detecting economic crimes in the course of an open inspection of premises with drawing up a protocol in accordance with the requirements of the Criminal Procedure Code of the Russian Federation must be allowed to be used in the process of proving as material evidence, and this protocol must be viewed as a source of evidence.