SEARCH OF DWELLING: FROM THE PROBLEM OF THE ENFORCEMENT OF JUDICIAL DECISION TO THE LEGAL NATURE OF JUDICIAL CONTROL
The article discusses the issues arising in connection with the implementation of preliminary judicial control over the search in the home. After analyzing the procedure for the court’s consideration of a petition to conduct a search of dwelling, the properties of the court decision made based on the results of the consideration of such a petition, as well as the current procedure for the execution of the court order, the author comes to the conclusion that there are problems in legal technology regarding the legal force of the decision and the promptness of its execution. An appeal to foreign legislation made it possible to reveal the existing practice of control over the production of investigative actions that restrict constitutional rights, not only by the court, but also by the prosecutor, as well as to identify positive experience in regulating the principle of the inviolability of the home and the procedural order of the search in general.