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The purpose of the article is to summarize the results of scientific research devoted to the legal nature of the actual detention of a person on suspicion of committing a crime and his subsequent delivery to the preliminary investigation authorities. Methodology: while working on the article, general scientific methods (analysis, observation, generalization, comparison, description) and special methods of legal science were used. Conclusions. The position is substantiated that the currently widespread scientific views on the procedural formalization of the actual detention of a person and his delivery to the preliminary investigation authorities, on their transformation into genuine objects of criminal procedural regulation, into procedural actions that form the initial phase of the general procedure for detaining a suspect, are mistake. At the same time, a thesis is formulated about the need to eliminate the rough edges and contradictions existing in this segment of law enforcement practice through other law-making measures and practical recommendations, primarily related to understanding the true legal nature of the mechanisms for detaining a suspect in general. Scientific and practical significance. The article may be useful to researchers and practitioners, teachers, graduate students (adjuncts), students, as well as anyone interested in the problems of detaining a person on suspicion of committing a crime.
Sergey B. Rossinsky (Thu,) studied this question.