Identification regulations in the Criminal Procedure Code of the Republic of Moldova: some aspects
-
Vereschagina A.V.
Alla V. Vereshchagina. Vladivostok State University. Vladivostok. Russia
Abstract. In the post-Soviet states, the identification regulation was uniform at the time of the USSR collapse. The subsequent development of independent criminal procedure legislation led to the emergence of original provisions in the normative model of identification in some states, including the Republic of Moldova. The existing regulation of identification in the Russian criminal procedure law is static, differs little from the Soviet analogue, and has a number of shortcomings. The subject of the study is the norms regulating the identification procedure in the Criminal Procedure Code of the Republic of Moldova. The study purpose: to identify the features of the regulation of identification in the Moldovan criminal procedure law in comparison with the Russian analogue. The study was conducted in compliance with the cognition philosophical principles: comprehensiveness, objectivity, historicism, pluralism, the determining role of practice in the process of cognition, and using formal-
logical and comparative-legal methods, as well as document analysis. To date, no works have been published that would outline the specifics of regulating presentation for identification in the criminal procedure law of the Republic of Moldova. The study has cognitive significance. Also, the presented results can be used to improve the normative model of presentation for identification in the Criminal Procedure Code of the Russian Federation. In general, the algorithm for regulating presentation for identification in the criminal procedure laws of the Republic of Moldova and the Russian Federation are similar. However, a number of provisions in the Criminal Procedure Code of the Republic of Moldova are of interest for possible borrowing. In particular, provisions on the preliminary preparation of identifiable items; on the quantity and quality of objects presented for identification.
Keywords: criminal procedure legislation of the Republic of Moldova, criminal procedure legislation of the Russian Federation, presentation for identification, object of identification, requirements for the object of identification, number of identifiable objects, procedural assistant.