Improper subjects of obtaining evidence

The purpose of the study is to determine whether the evidence obtained by officials of the bodies of inquiry before the initiation of a criminal case and during the implementation of urgent investigative actions in criminal cases, for which preliminary investigation is mandatory, is admissible.

The methodological basis of the research is the universal dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction) and private scientific methods of cognition.

Conclusions. Evidence obtained before the initiation of a criminal case in accordance with Article 144 of the Code of Criminal Procedure of the Russian Federation, as well as in the order of urgent investigative actions in criminal cases in which the preliminary investigation is mandatory (art. 157 of the Code of Criminal Procedure of the Russian Federation) by operatives, district police officers, other officials of the bodies of inquiry who are not interrogators who have accepted materials for their production, and do not have a written order to conduct a specific investigative action from the head of the body of inquiry, are inadmissible and cannot be used in criminal proceedings.