PROBLEMS OF REALIZATION OF THE RIGHTS OF CITIZENS INVOLVED IN CRIMINAL PROCEEDINGS AT THE STAGE OF INITIATION OF A CRIMINAL CASE
In the article, the authors touch upon the criminal procedural human rights mechanism for protecting the rights, freedoms and legitimate interests of persons participating in the verification of statements and reports of a crime. The existence of such a mechanism, according to the authors, makes it possible at the early stages of criminal proceedings to effectively and efficiently collect information related to the crime, minimize restrictions on the rights and freedoms of persons participating in the verification of statements and reports about the crime, and subsequently make a legitimate and reasonable procedural decision (on the initiation of a criminal case or refusal to initiation of a criminal case). At the same time, problematic aspects arise within the framework of the implementation of the mechanism for ensuring the rights, freedoms and legitimate interests of persons participating in the verification of statements and reports of a crime. The solution, which, according to the authors, is the legal necessity of changing the current structure of the criminal procedure law. So, in particular, the authors propose to supplement Section II of the Criminal Procedure Code of the Russian Federation «Participants in criminal proceedings» with such subjects as: the applicant; a person suspected of committing a crime (a person in respect of whom an application and a report on a crime is being checked) with a specification of their rights, duties and responsibilities; amend the provision of Part 3 of Article 144 of the Code of Criminal Procedure of the Russian Federation, supplementing the specified norm with the obligation of the person performing the initial check of the received message (statement) to acquaint the applicant and the person suspected of committing crimes (the person in respect of whom a check is being carried out on the application and the report of the crime) with the decision taken personally with the introduction of the appropriate mark; to amend Part 2 of Article 145 of the Criminal Procedure Code of the Russian Federation, supplementing the specified norm with the duty of the investigator (inquirer) to notify the person in respect of whom the verification was carried out on the application and report on the crime of the procedural decision (refusal to initiate criminal proceedings).