ON THE EVIDENTIARY VALUE OF THE DETENTION PROTOCOL

The novelty of the article is due to the non-standard perspective of the analysis of the problem of determining the procedural nature of the detention of a suspect and the possibility or impossibility of referring him to the number of investigative actions to collect evidence. The author proposes to abstract from the dispute on the possibility of considering detention as an investigative action and assess the evidentiary value of the Protocol of detention of the suspect as a result of this procedural action. In this context, the features of the use of this Protocol in the descriptive and motivational parts of the final procedural decisions of the preliminary investigation and court sentences are of interest. The purpose of this analysis is to obtain additional arguments in favor of the thesis that in most cases the detention of a suspect is obtained such information about the legally significant circumstances of the criminal case, which can not be obtained in the production of any other procedural actions. These data shall be recorded in the Protocol of detention. The task was to identify the real value of the detention Protocol to establish the circumstances to be proved in a criminal case, to analyze the requirements of the current law to the content of the detention Protocol in order to ensure its information saturation, to identify the reserves of normative regulation and practice of drawing up detention protocols to ensure the role in proving that it could play. The article uses the methods of system analysis and synthesis, comparative legal and historical methods. The study shows that detention of a suspect due to the forms of fixing its progress and results – Protocol of detention – is a unique method of fastening the materials of the criminal case information that cannot be obtained by any other procedural means. In conclusion, measures are proposed to improve the practice of detaining a suspect and drawing up his report.