Author

Abdulvaliev A.F.

Title of article

hard to reach locality as a special geographical condition influencing the investigation of criminal cases

Section

Section 8. Criminal рrocedural review

Issue, year

1 (43) 2018

Abstract

 The object of the study are the issues concerning the influence of such special geographical condition as a hard to reach locality on the criminal proceedings. The criteria for remote areas that determine the possibility of carrying out the investigative actions without involving the witnesses are considered in detail. The methodological basis of the research is a complex analysis and a systematic approach to the study of the texts of judicial sentences containing the information about specific geographical conditions. The author identified the criteria for hard to reach locality that were not reflected in Article 170 of the criminal Procedure code of the Russian Federation, but they play the key role in the course of investigative and judicial actions. These criteria are divided into three groups: transport and geographic conditions; landscape conditions; special climatic conditions. The described groups of the criteria for hard to reach areas, necessary to comply with the requirements of the criminal procedure legislation, as well as the recommendations for their application, formed the basis for the conclusions of the research. To minimize the number of inadmissible evidence obtained in the course of investigative actions, it is proposed to fix the concept of “hard to reach locality” in legislation. This concept is defined by the author as a locality, remote from settlements and representing a particular difficulty for carrying out investigative and judicial actions due to its social and economic, geographical and climatic conditions.

Keywords

 special geographical condition; hard to reach locality; climatic conditions; investigation of criminal cases; criminal proceedings; witness.

References

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