PROBLEMS OF EXAMINATION OF PERSONS WITH RELIGIOUS BELIEFS

Maksakova Alexandra Sergeevna, Brager Dmitry Konstantinovich

The article examines the legal and ethical aspects of the examination of persons with religious beliefs and the problems associated with refusing to participate in this investigative action. For this purpose, the current criminal procedure legislation and scientific literature are analyzed. Attention is drawn to the flaws in the legal regulation of Art. 179 of the Code of Criminal Procedure of the Russian Federation, namely the absence of a provision regulating the possibility of conducting a forced examination, as well as the legal interpretation of the concept of “nudity”, which gives rise to a conflict. The ways of solving existing legal problems are proposed, expressed in the form of introducing clauses into the criminal procedural legislation on the interpretation of the concept of "nudity", compulsory examination and the implementation of this investigative action by a medical specialist. The relevance of the article is due to the influence of world religions on society in general and each person in particular.

Keywords:examination, investigative action, criminal procedure legislation, exposure, religious beliefs, consent