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In the article, the author analyzes some problematic procedural aspects of obtaining samples for comparative research by secret methods in criminal cases. The normative basis of the study is the current Russian legislation, the decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, as well as the legislation of foreign countries regulating the production of secret investigative actions, the institution of which has recently been spread in the post-Soviet space. The relevance of the topic is due to the problems arising in investigative practice of obtaining and using samples for comparative research in the case of refusal of the suspect, accused, victim, witness and other persons from providing the necessary samples and the problem of using forced methods of obtaining samples. In addition, controversial issues have recently arisen regarding the prospects and expediency of integrating or combining covert investigative actions with operational investigative measures in Russian legislation, which confirms the relevance of the issue under consideration. Based on the results of the analysis, the author comes to the conclusion that judicial practice shares the possibility of obtaining samples for comparative research secretly based on the results of operational investigative activities, if they meet the requirements imposed by the criminal procedure legislation of the Russian Federation for evidence. At the same time, the author proposes to clarify the procedure and methods of forcibly obtaining samples for comparative research in criminal proceedings, as well as, taking into account the experience of foreign countries, to provide for the possibility of obtaining samples secretly. In particular, the author proposes to amend the Criminal Procedure Code of the Russian Federation on the compulsory receipt on the basis of a court decision of samples for comparative research if a person refuses to voluntarily provide his samples and on the basis of a court decision to allow the receipt of samples for comparative research behind the scenes if in the interests of the investigation there is a need to keep secret the fact of receipt of these samples.
Keywords:investigative actions, covert investigative actions, operational investigative measures, obtaining samples for comparative research, collecting samples for comparative research, evidence.
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