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The domestic criminal process, being a production of a mixed (Romano-German) type, is subject to improvement in the direction of ensuring a balance of public and private interests. In this regard, the issues of the application of procedural coercion measures are of particular relevance. One of these aspects is the improvement of the institution of detention of a suspect in criminal proceedings. The article reveals the uncertainty in determining the purpose of extending the period of detention of a suspect in the system of procedural coercion measures of modern domestic criminal proceedings. Based on the formal legal analysis of the current legislation, the position of the Constitutional Court of the Russian Federation and the criminal procedure doctrine, the author’s approach to resolving the issue is proposed. It is substantiated that the purpose of extending the period of detention of a suspect is to ensure the lawful and reasonable resolution by the court of a petition for the election of one of the four preventive measures provided for in paragraphs 4.1, 5, 6 or 7 of Article 98 of the Code of Criminal Procedure of the Russian Federation.
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Nikolay V. Azarenok (2024) studied this question.
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