Difficulties of legal regulation of the participation of subjects of criminal procedure in judicial control over investigative actions under Article 165 of the Criminal Procedure Code of the Russian Federation

Current issues of the procedural order for exercising judicial control over investigative actions in pre-trial proceedings in a criminal case are considered. The aim of the study is to identify current theoretical, legislative, and practical problems related to the exercise of their rights to participate in this type of judicial oversight proceedings by public and private entities in the criminal process, and to develop proposals for their resolution. The study revealed significant gaps in the legal regulation of the legal status of public and private participants in judicial control, which lead to contradictions in judicial practice, resulting in human rights violations and creating conditions for breaches of the law. A set of proposals has been developed to supplement and clarify the provisions of Articles 29 and 165 of the Code of Criminal Procedure of the Russian Federation. This includes a proposal to mandate the participation of a prosecutor in this type of court hearing in the Code of Criminal Procedure of the Russian Federation, to regulate the procedure for judicial control over the exhumation of a body in the absence of relatives' consent to this procedural action in Articles 29 and 165 of the Code of Criminal Procedure of the Russian Federation, and to regulate the rights of relatives to participate in the court hearing when assessing the legality and validity of the investigator's motion to conduct the exhumation of a body. It is concluded that there is a need to legally establish a guaranty of the right of a person against whom an urgent investigative action was conducted to participate in a court hearing when the legality and validity of this investigative action are being reviewed.