The article discusses problematic aspects of determining the starting point of the term of criminal procedural detention. It is emphasized that criminal procedural detention affects fundamental human rights and freedoms during the implementation of criminal procedural activities, as a result of which any temporary restriction of the right to freedom must be accompanied by compliance with the guarantees provided for by criminal procedural legislation. It is noted that when conducting procedural actions aimed at exposing a person or verifying their possible involvement in a criminal offense, authorized officials resort to actual restrictions on freedom in order to ensure the unhindered conduct of procedural actions, prevent the escape of the person being exposed, prevent the destruction or concealment of evidence, preventing contact with other participants in criminal proceedings, etc. It has been established that criminal procedural law provides for the restriction of a person’s freedom by prohibiting them from leaving the place where the procedural action is being carried out and forcing them to remain in the vicinity of the authorized official or to remain in the premises designated by the latter. It was noted that in practice, the temporary restriction of a person’s right to freedom during procedural actions (in particular, search and inspection) is not recognized as detention, despite the fact that the person is subject to a real restriction of freedom, since after receiving the relevant prohibitions from an authorized official, the person loses the ability to move freely or leave the place where the procedural action is being carried out. Based on an analysis of judicial practice, it has been proven that criminal procedural law does not distinguish between criminal procedural detention, which requires granting a person the status of a suspect and providing appropriate procedural guarantees, and measures designed to ensure the compulsory participation of a person in procedural actions. The need for a broader understanding of the initial moment of criminal procedural detention in the context of the actual restriction of a person’s right to liberty in the case of investigative activities by the prosecution to establish that person’s involvement in the commission of a criminal offense has been substantiated.
A. D. Oshedsha (Mon,) studied this question.