PROBLEMS OF FORCING SAMPLES FOR COMPARATIVE STUDIES
Introduction: the article discusses the features of the investigative action to force the receipt of samples for a comparative study, the relevance of obtaining samples for the process of proving in a criminal case, as well as practical experience where a suspect, accused, witness, victim or persons who are suspected, suspected or accused refuse to provide these samples voluntarily. Materials and methods: the normative basis of the study is the current Russian legislation, the experience of foreign countries, decisions of the Constitutional Court of the Russian Federation, as well as decisions of the European Court of Human Rights. The author considers the points of view of leading Russian scientists studying this problem, whose opinions on the possibility of forcibly obtaining samples for comparative research remain controversial. Results of the study: they made it possible to clarify the position of the legislator, the opinion of scientists, as well as the attitude of the legislations of foreign countries to this issue, to reveal the practical significance of the possibility of forced obtaining of samples for a comparative study during the investigation of crimes. Conclusions and conclusions: on the basis of the exclusion of methods dangerous to human life and health or methods degrading his honor and dignity, as well as on the basis of the principle of the presumption of innocence, a conclusion is reached to make amendments to the Code of Criminal Procedure of the Russian Federation on the compulsory receipt of samples for comparative research.