REFERENCE POINTS IN THE CONCEPTS OF THE ACTUAL DETENTION OF THE SUSPECT
The modern legal and regulatory interpretation of the actual detention of a suspect unambiguously connects it with one of the elements in the system of applying a measure of procedural coercion in criminal proceedings in the form of the arrest of a suspect representing a de facto deprivation of freedom of movement of a person, which is expressed in the escort (escort) of this person after drawing up a protocol detention in a temporary detention center. In the conditions of "depletion" of the category of actual detention in the current Criminal Procedure Code of the Russian Federation (paragraphs 11, 15 of Art. 5), it seems inappropriate to use it in everyday life before amendments to the law to designate other actions, in particular, related to the capture and delivery of a person to an office ... It is usually more expedient to designate the actions implied in this during the actual arrest in accordance with their specific content and focus, namely: establishing the grounds for delivery; capture of the face; confiscation of weapons, incriminating objects and documents; escorting the person to the office. These actions, not without reason, are often united by one concept - delivery. The legal nature of individual actions to detain a suspect in certain cases is determined by the specific situation and the applicable regulatory legal acts and is objective and permanent. At the same time, the ambiguity of the legal nature of the capture and delivery of a person in various situations is aggravated by the fact that as the situation develops, the legal nature of the activity may change. The dynamic scheme of the system of sequential actions taken during the arrest of a suspect, presented in the legal literature, makes it possible to visually deal with many controversial issues, the solution of which is being dealt with by researchers, and to highlight unresolved problems of the theory and practice of detention.