The dissertation solves the scientific task, which consists in the study of theoretical-legal and praxeological problems of search in criminal proceedings.
It has been found that the study of search problems in criminal proceedings at the current stage is in a dynamic development, which is due to the connection of this institute with many other institutes of criminal proceedings. Social and political transformations, and, as a result, the reformation of criminal procedural legislation, the inconsistency of the judicial practice of domestic courts play an important role in the transformation of doctrinal approaches to certain aspects of the search, which determines the setting of new tasks for the scientific community and, accordingly, scientific activity in the study of the specified area. It was determined that the search differs from other investigative (search) actions by its pronounced intrusive nature, which necessitates the creation of a system of guarantees to ensure a number of rights and legitimate interests that may be limited during such a procedural action. According to its epistemological essence, the search is characterized by a pronounced search nature, which is reflected in the normative definition by the use of the term "search". In contrast to the inspection of the scene of
the incident, which is characterized by the fact that the objects for the detection and recording of which the investigative (search) action is directed are outside the knowledge of the person conducting this procedural action, in order to conduct a search according to the decision of the investigating judge, more more specific, more likely knowledge about the characteristics, identification features of the objects it is directed to identify, their location and prospective significance for the criminal proceedings, which must be confirmed by the relevant evidence obtained at the previous stages of the criminal proceedings. Although inspection and search have
common features, which in practice can lead to the substitution of these concepts, when distinguishing between inspection and search and clarifying the legality of their conduct by the courts, the basis is the analysis of the actual actions of the inquirer, investigator, prosecutor, which were performed during the investigated procedural action.
