Art. 166 Code of Criminal Procedure of the Russian Federation with comments

General information

The protocol of a court session, as well as an investigative action, is recognized as a written act in which an authorized person (inquirer, investigator, court), in the manner established by the legislator, based on direct perception and observation, recorded information about the circumstances that are subject to proof in a criminal case or have to be proven. its meaning. They can be used as evidence only subject to strict compliance with the requirements of the law, namely Art. 164-167 and 259 Code of Criminal Procedure.

What protocols can be used as evidence?

Independent evidence may be protocols of such investigative actions as all types of inspection, investigative experiment, search, examination; seizure of items (postal and telegraphic), seizure, recording and control of conversations, on-site verification of evidence, presentation for identification. The list is exhaustive. Protocols of other actions (investigative) are not evidence. Although they must also comply with Art. 166 Code of Criminal Procedure of the Russian Federation. For example, protocols of confrontations and interrogations. This fact is due to several reasons.

The first category of protocols (inspection, examination, etc.) reflects the process and results of the study by the prosecutor, the investigative body or the court of phenomena, actions, the environment, an experiment, in other words, a certain experimental action. In fact, only the information that is observed by the official conducting the criminal proceedings, as well as by the participants in the process, is recorded in the acts.

Protocols of confrontations and interrogations, on the contrary, are only technical means of recording the testimony of the interrogated person and, in this regard, are not evidence.

Part 1, 2 166 art. Code of Criminal Procedure of the Russian Federation: time and method of drawing up a protocol

Drawing up this type of protocol is a mandatory procedure for every investigative action. It is drawn up directly during the process or immediately after its completion. A protocol is drawn up in writing using one of the methods specified in Part 2 of Art. 166 of the Code of Criminal Procedure of the Russian Federation, namely: by hand or using technical means. In addition, when carrying out investigative actions, photography, shorthand recording, audio and video recording, and filming may be used. At the same time, photographs and negatives, shorthand recordings and transcripts, audio and video materials are stored together with the criminal case.

According to Part 8 of Art. 166 of the Code of Criminal Procedure of the Russian Federation, the results of the use of video, photo, film or audio equipment should be attached to the protocol, if they were actually used during the investigative action. They are an illustration of the content of a written act and its integral part, and therefore do not have the status of independent evidence. Drawings, drawings, diagrams, plans and shorthand notes drawn up during the investigative action may also be attached to the protocol.

Commentary to Art. 166 of the Criminal Code of the Russian Federation

The object of theft is property relations. As with kidnappings, theft requires trespassing. This crime is very similar to theft (theft, robbery and robbery). Its difference from theft lies in the absence of the intention to permanently turn the thing into one’s favor, to appropriate it. When stealing, the intent is aimed at the temporary illegal use of someone else's property. A thief takes possession of a vehicle in order to travel somewhere or simply enjoy driving it (for a ride).

The subject of the theft is a car or other vehicle. The legislator refused to define the characteristics of the subject of this crime in the law. Practice has followed the path of a broad understanding of the subject of theft. “Other vehicles” include not only motor vehicles (in the sense that this term is meant by the Road Traffic Rules), but also any other vehicles, for example boats. In a specific case, even a horse was classified as another vehicle, and the court paid special attention to the fact that the animal was used specifically as a vehicle and not for other purposes. Theft of bicycles, mopeds, etc. in practice, rarely qualified under Art. 166 of the Criminal Code of the Russian Federation. As a rule, acts of this kind were considered insignificant (Part 2 of Article 14 of the Criminal Code of the Russian Federation), especially taking into account the fact that responsibility for theft is provided for from the age of fourteen.

Clarification on this issue was made by Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 No. 25 “On judicial practice in cases of crimes related to violation of traffic rules and operation of vehicles, as well as their unlawful taking without the purpose of theft.” Paragraph 21 of this Resolution states that for other vehicles, theft of which without the intent of theft is subject to criminal liability under Art. 166 of the Criminal Code of the Russian Federation, one should understand mechanical vehicles (trolleybuses, tractors, motorcycles, other self-propelled vehicles with an internal combustion engine or an electric motor, boats, motor boats). Mopeds, bicycles, rowing boats, horse-drawn vehicles, etc. are not the subject of this crime. .

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Russian newspaper. 2008. 26 Dec.

Thus, the subject of the crime provided for in Art. 166 of the Criminal Code of the Russian Federation, there can be any vehicle with the exception of an air or water transport vessel, as well as railway rolling stock, liability for the theft of which is provided for in Art. 211 of the Criminal Code of the Russian Federation.

The objective side of theft is expressed in the action - unlawful taking of a vehicle.

Wrongful taking of a vehicle without the purpose of theft (Article 166 of the Criminal Code of the Russian Federation) means taking possession of someone else's car or other vehicle (theft) and driving it without the intention of appropriating it in whole or in parts.

Taking possession of a vehicle should be considered unlawful if it was committed against the will of the owner (owner, other legal owner, authorized person). Simply driving a car without a power of attorney does not entail liability for theft if the act was committed with the consent of the owner. In practice, there are cases when teenagers steal the cars of their parents or other relatives without permission. Sometimes relatives, friends, co-workers, etc. use someone else's car without asking, while having reason to believe that due to family or other relationships, the owner will not object to this. In such situations, criminal prosecution is not carried out without the consent of the owner of the vehicle.

Possession is understood quite narrowly. It is necessary not only to seize a vehicle, but also to violate the owner’s possession. For example, seizing a car without setting it in motion (for example, a person went to sleep in someone else’s car), moving a car a short distance to make it possible for another vehicle to pass, etc. are not considered theft.

At the same time, theft will occur if the culprit forces the driver (for example, under threat of murder) to start driving and move as directed by the culprit. Moreover, the fact that in case of unlawful seizure of a car driven by the victim, the latter remains behind the wheel, does not in any way affect the existence of the crime, since in these conditions the victim is deprived of freedom of movement against his will.

The corpus delicti is formal. Wrongful seizure of a vehicle without the purpose of theft is a completed crime from the moment of departure or movement of the vehicle from the place where it was located.

The actions of a person who tried to break the locks and security alarm systems, start the engine, or start driving for the purpose of theft should be considered as an attempted theft of a vehicle without the intent of theft, if the actions of this person were stopped or due to other circumstances beyond his control he was unable to realize his criminal intent to use a vehicle for personal interests without the purpose of theft.

If a person who steals a vehicle without the purpose of stealing also steals the property located in it, the act is subject to qualification under Art. 166 and the relevant articles of the Criminal Code of the Russian Federation, providing for liability for theft.

Taking possession of a vehicle for the purpose of subsequent dismantling and appropriation of its parts or using the vehicle for one’s own benefit or for the benefit of other persons is subject to classification as theft.

Wrongful seizure of a car or other vehicle without the purpose of theft and its subsequent intentional destruction or damage are subject to classification under the set of crimes provided for in the relevant part of Art. 166 of the Criminal Code of the Russian Federation and if there are grounds for this, Art. 167 of the Criminal Code of the Russian Federation, if these acts caused significant damage to the owner of the vehicle, and the actions of the guilty person are not qualified as theft of a vehicle without the purpose of theft on the basis of causing particularly large damage to the victim.

In cases where a person unlawfully took possession of a car or other vehicle, intending to subsequently return it to the owner for a reward, his actions should be qualified under the relevant article of the Criminal Code of the Russian Federation, which provides for liability for theft.

The subjective side of theft is characterized only by direct intent. The very direction of intent during theft can be called selfish: the thief realizes that he is illegally temporarily using someone else’s thing, and this is a property benefit (renting a car costs money). Therefore, theft can be classified as a selfish crime.

The motives for theft can be very different; as a general rule, they do not affect its qualification (except for extreme necessity and other similar situations).

Wrongful seizure of a vehicle in order to facilitate the commission of another crime, if the person did not have the goal of turning the vehicle into his own benefit or for the benefit of another person, must be qualified under Art. 166 of the Criminal Code of the Russian Federation and, in aggregate, under the relevant articles of the Special Part of the Criminal Code of the Russian Federation, which provide for liability for committing other crimes.

The general subject of the crime is a sane person who has reached the age of fourteen years.

Qualifying characteristics: a group of persons by prior conspiracy; the use of violence that is not dangerous to life or health, or the threat of using such violence (Part 2 of Article 166 of the Criminal Code of the Russian Federation); organized group; causing particularly large damage; the use of violence dangerous to life or health, or the threat of using such violence (Part 3 of Article 166 of the Criminal Code of the Russian Federation).

A group of persons by prior conspiracy and an organized group are understood in the same way as in the case of theft (see commentary to Article 158 of the Criminal Code of the Russian Federation). In this case, a group of persons by prior conspiracy can occur when at least two persons performed at least part of the objective side of the crime. If, for example, one person got behind the wheel, started the engine and drove a stolen vehicle, and another person did not assist in the theft and was in the stolen car only as a passenger, this qualifying feature is absent, since there is no corpus delicti in the actions of the second person , provided for in Art. 166 of the Criminal Code of the Russian Federation.

In case of unlawful seizure of a vehicle without the purpose of theft by several persons by prior conspiracy, the actions of each should be considered as complicity in a crime, i.e. as co-perpetrator (Part 2 of Article 34 of the Criminal Code of the Russian Federation), qualifying what they did under paragraph “a” of Part 2 of Art. 166 of the Criminal Code of the Russian Federation without reference to Art. 33 of the Criminal Code of the Russian Federation, regardless of which member of the criminal group actually drove the vehicle.

Violence that is not dangerous to life or health during theft (clause “c” of Part 2 of Article 166 of the Criminal Code of the Russian Federation) should be understood as intentional beatings or the commission of other violent actions associated with causing physical pain to the victim or restricting his freedom ( tying hands, using handcuffs, etc.). Violence dangerous to life or health, or the threat of using such violence during theft (Part 4 of Article 166 of the Criminal Code of the Russian Federation) should be understood as intentional actions that entailed the infliction of grave or moderate harm to the health of the victim, as well as minor harm to health that caused short-term distress health or minor permanent loss of general ability to work and the threat of committing the listed actions.

In case of a hijacking committed with the specified qualifying characteristics, additional qualification of the person’s actions under the relevant articles of the Criminal Code of the Russian Federation on crimes against life and health is not required, except in cases where the death of the victim occurred as a result of the violence used during the hijacking.

If, as a result of the intentional use of violence dangerous to life or health during the unlawful seizure of a vehicle, the death of the victim occurred due to negligence, the act should be qualified depending on the specific circumstances of the case under Part 4 of Art. 166 and part 4 of Art. 111 of the Criminal Code of the Russian Federation.

Particularly large damage (more than one million rubles) can be caused either intentionally or through negligence. This damage is not determined by the value of the stolen car, which is only temporarily removed from the owner’s possession. It is usually caused by damage to the vehicle or its destruction.

When qualifying the actions of a person who has committed unlawful seizure of a vehicle without the purpose of theft, under Part 3 of Art. 166 of the Criminal Code of the Russian Federation, in the event of causing particularly large damage, one should proceed from the expenses actually incurred by the owner associated with the repair of the found car if it was damaged during the theft.

If a stolen vehicle has received technical damage that precludes the possibility of its restoration and further operation, the amount of damage caused should be calculated based on its actual value on the day the crime was committed.

In these cases, additional qualification of a person’s actions under Art. 168 of the Criminal Code of the Russian Federation is not required.

If the thief leaves the car in good condition, unattended and in an unsafe place, and other persons take advantage of this to steal, destroy or damage the car, the courts, as a rule, do not see in such situations a causal connection and the thief’s guilt in terms of causing particularly large damage.

Part 3 art. 166 Code of Criminal Procedure of the Russian Federation: introductory part

According to the text of the norm, the introductory part of the protocol must certainly contain the following data:

the date and place of its production, the time (accurate to the minute) of its beginning and end;
details of the person who completed the protocol (last name with initials, position);
data of everyone who participated in the investigative action (last name with initials, and, if necessary, other personal data, including address).

Commentary on Article 166 of the Code of Criminal Procedure of the Russian Federation

1. The article under comment contains the rules for drawing up a protocol of an investigative action. A properly drafted protocol ensures the admissibility of evidence and also provides participants in the investigative action with the opportunity to exercise their procedural rights.

2. Parts 1–2 of the commented article contain technical rules for drawing up a protocol of investigative action. The protocol has equal legal force regardless of how it was prepared. The main requirement is that it must be fulfilled in full accordance with the rules enshrined in the commented article.

3. When preparing reports of investigative actions by hand, they must be written in legible handwriting and in compliance with the rules of grammar. The court recognizes a significant violation of the law if the majority of investigative documents were made in handwriting that was unreadable.

4. If during the investigative action shorthand or technical means of recording information were used, then the corresponding media will act as attachments to the protocols (Part 8 of the commented article).

5. The requirements for the content of the protocol are set out in parts 3–6 of the commented article. Each protocol must contain with maximum accuracy all the information that was obtained during the investigative action. If there was a break in the investigative action, this fact must be reflected in the protocol indicating the reason for the break, as well as the exact time of its beginning and end.

6. The protocol of the investigative action must necessarily indicate the date of its conduct, as well as the exact time of its beginning and end.

7. If statements and clarifications are received from persons participating in the investigative action, they are necessarily recorded in the protocol. At the same time, neither these persons nor the investigator have the right to make corrections directly to the text of the protocol. All received statements and comments are reflected at the end of the protocol, where, if necessary, the whole phrase requiring change can be repeated.

8. If during an investigative action a petition is received from a participant in criminal proceedings, it is entered into the protocol of the relevant investigative action (Part 1 of Article 120 of the Code of Criminal Procedure of the Russian Federation).

9. When using technical means during an investigative action, the investigator warns the participants in criminal proceedings about this. He does not have the right to make an audio or video recording secretly and then use its results to incriminate a person.

10. The protocol must be signed. The persons participating in the investigative action sign each page of the protocol and the protocol as a whole, and the investigator puts his signature only at the end of the protocol. Failure to sign the protocol by any of the participants in the investigative action is a gross violation of the requirements of the law and makes the collected evidence inadmissible (Article 75 of the Code of Criminal Procedure of the Russian Federation).

11. All material media that were created during the relevant investigative action are attached to the protocol. Electronic media, both created during the investigative action and copied from other sources, are also included. The list contained in Part 8 of the commented article is not exhaustive. For example, the protocol may include not only casts and prints of traces, but also objects or documents that were discovered during the inspection of the scene of the incident.

12. Part 9 of the commented article establishes the possibility of concealing information about the identity of the victim, his representative, witness, their close relatives, relatives and close persons if necessary to ensure their safety. At the same time, the list of participants in criminal proceedings who, in accordance with Part 3 of Art. 11 of the Code of Criminal Procedure of the Russian Federation provides measures to ensure their safety, is broader.

The decision to keep personal information secret is made with the consent of the head of the investigative body (in the case of an inquiry - with the consent of the head of the inquiry body). The resolution, among other information, sets out the rationale for the need to ensure the safety of a particular person (persons), as well as for making a decision to keep personal data secret.

The resolution is placed in an envelope, which is filed with the criminal case in such a way that the accused, his defense attorney and other persons, when familiarizing themselves with the materials of the criminal case, cannot study its contents.

13. Part 10 of the commented article essentially duplicates one of the general rules for conducting investigative actions (Part 5 of Article 164 of the Code of Criminal Procedure of the Russian Federation). The fact of clarification of rights, duties, responsibilities and the procedure for conducting an investigative action must be certified by the signatures of the participants in this investigative action.

Commentary to Part 3 of Art. 166 Code of Criminal Procedure

In accordance with the comments to Art. 166 of the Code of Criminal Procedure of the Russian Federation, at the very beginning of the introductory block of the protocol, its name must be indicated (seizure, search, site inspection, etc.). The following is the name of the locality in which the investigative action is being carried out. The date in the protocol is indicated in the format day, month and year. For example, July 11, 2022. Abbreviated entries are not permitted. Similar requirements apply to the time of action. It is indicated after the date, but before information about the person who compiled the protocol.

The introductory part should also reflect the procedural grounds that guide the authorized person when carrying out the relevant (investigative) action, with reference to specific norms of the Code of Criminal Procedure.

Part 4 of Article 166 of the Code of Criminal Procedure: substantive or descriptive part of the protocol

In the new edition of Art. 166 of the Code of Criminal Procedure of the Russian Federation (currently relevant) contains the requirement that all procedural actions carried out are subject to a detailed description in the protocol. They need to be recorded in the order in which they were actually carried out. Along the way, circumstances that are of significant importance when considering a certain criminal case in court, and statements of persons who took part in the investigative action are reflected.

The protocol must indicate the names of the found objects and documents with a detailed description of their individual characteristics, as well as the location of their discovery and quantity. Thus, during a search, they reflect information about the discovered caches, their contents, damage caused during investigative actions, as well as attempts by the person being searched to destroy or hide them. If documents and items subject to seizure are found, the protocol must indicate whether they were issued voluntarily or forcibly.

Another comment on Art. 166 Criminal Procedure Code of the Russian Federation

1. The detailed rules for recording investigative actions for collecting evidence contained in the commented article are further specified by additional requirements for the records of most investigative actions, in particular for the records of interrogation of the accused (Article 174), presentation for identification (Article 193), search ( Art. 182), as well as inspection, certification (Art. 180), investigative experiment (Art. 181), etc.

2. Regardless of the method used to prepare the investigative report, the technical execution of its text must be such that it can be read by any literate person who speaks the given language. A protocol of an investigative action “which is virtually impossible to read due to its originality and significant deviations from the rules of calligraphy” <1> cannot be used in judicial evidence. ——————————— <1> BVS. 2001. N 5. P. 15.

3. Part 8 of the commented article obliges to attach to the protocol of the investigative action photographic negatives and photographs, films, slides, phonograms of interrogation, video tapes, computer storage media, drawings, plans, diagrams, casts and prints of traces obtained during the investigative action. Despite the importance of the role played by the listed information carriers, they are not independent evidence, they are just an integral part of the protocol, but they can significantly complement the protocol of the corresponding investigative action, allowing participants in the process at subsequent stages of the criminal case to form a more complete and objective idea of picture reflected in the protocol, and consider details of evidentiary value.

4. The content of Part 9 of the commented article is fundamentally new, subordinated to the task of ensuring the safety of participants in criminal proceedings in conditions of severe pressure from the criminal world. Its meaning is that the victim, his representative or witness (primarily a prosecution witness), by order of the investigator and with the consent of the head of the investigative body, participates in an investigative action, for example, in a confrontation or identification parade, under a pseudonym, which for the purpose of unmistakable identification indicated in the investigator's resolution, which also includes a sample signature of the person. In this case, it seems that under a pseudonym this person should be indicated in the indictment and in the list of persons to be summoned to the court attached to the indictment (Part 4 of Article 220 of the Code of Criminal Procedure of the Russian Federation).

Part 6 art. 166 Code of Criminal Procedure of the Russian Federation: familiarization with the protocol

The third part of the protocol structure is called the “final” part. It sums up the work done. It indicates all the items that were seized, how they were packaged and where they will be stored. The signatures of all participants in the process are affixed.

According to Part 6 of Art. 166 of the Code of Criminal Procedure of the Russian Federation, the protocol should be presented for review to all those who participated in the investigative action. In this case, the authorized person must explain that they have the right to make comments on the act (clarifying or supplementing its contents) to be included in it. All additional comments must also be certified by the signatures of the participants who gave them.

Criminal Procedure Code of the Russian Federation, Article 166 of the Code of Criminal Procedure of the Russian Federation

1. A protocol of an investigative action is drawn up during the investigative action or immediately after its completion.

2. The protocol can be written by hand or produced using technical means. During investigative actions, shorthand recording, photography, filming, audio and video recording may also be used. The transcript and stenographic recording, photographic negatives and photographs, audio and video recording materials are stored in the criminal case.

3. The protocol shall indicate:

1) the place and date of the investigative action, the time of its beginning and end, accurate to the minute;
2) position, surname and initials of the person who compiled the protocol;
3) last name, first name and patronymic of each person participating in the investigative action, and, if necessary, his address and other information about his personality.

4. The protocol describes the procedural actions in the order in which they were carried out, the circumstances identified during their production that are significant for the given criminal case, and also sets out the statements of the persons participating in the investigative action.

5. The protocol must also indicate the technical means used during the investigative action, the conditions and procedure for their use, the objects to which these means were applied, and the results obtained. The protocol must indicate that the persons participating in the investigative action were warned in advance about the use of technical means during the investigative action.

6. The protocol is presented for review to all persons participating in the investigative action. At the same time, these persons are explained their right to make comments to be included in the protocol regarding its addition and clarification. All comments made regarding additions and clarifications of the protocol must be agreed upon and certified by the signatures of these persons.

7. The protocol is signed by the investigator and the persons participating in the investigative action.

8. Attached to the protocol are photographic negatives and photographs, films, transparencies, phonograms of interrogation, video tapes, drawings, plans, diagrams, casts and prints of traces made during the investigative action, as well as electronic media of information received or copied from other electronic media information during the investigative action.

9. If it is necessary to ensure the safety of the victim, his representative, witness, their close relatives, relatives and close persons, the investigator, interrogating officer has the right in the protocol of the investigative action in which the victim, his representative or witness participate, not to provide information about their identity. In this case, the investigator, with the consent of the head of the investigative body, or the investigator, with the consent of the head of the investigative body, issues a resolution setting out the reasons for the decision to keep this data secret, indicating the pseudonym of the participant in the investigative action and providing a sample of his signature, which he will use in the investigative protocols. actions performed with his participation. The resolution is placed in an envelope, which is then sealed, attached to the criminal case and stored with him in conditions that exclude the possibility of familiarization with it by other participants in criminal proceedings. In urgent cases, the specified investigative action can be carried out on the basis of a resolution of the investigator or interrogating officer to keep secret information about the identity of the participant in the investigative action without obtaining the consent of the head of the investigative body or the head of the inquiry body, respectively. In this case, the investigator’s resolution is transferred to the head of the investigative body, and the inquiry officer’s resolution is transferred to the head of the inquiry agency to verify its legality and validity immediately when a real opportunity for this arises.

10. The protocol must also contain a record explaining to the participants in investigative actions in accordance with this Code their rights, obligations, responsibilities and the procedure for conducting investigative actions, which is certified by the signatures of the participants in investigative actions.

If participants refuse to sign the protocol

Art. Art. 166, 167 of the Code of Criminal Procedure of the Russian Federation are closely interrelated. Cases of refusal of participants in a certain investigative action (suspect, victim, accused and other person) to sign the protocol happen frequently in practice. The rules for completing this stage are described in Article 167 of the Code of Criminal Procedure. So, if these persons refuse to sign the protocol, the investigator makes an appropriate entry about this in it and certifies it with his signature. In this case, the perpetrator, accused, victim and other participants are given the opportunity to give explanations regarding their refusal.

If the persons listed above cannot sign the protocol due to certain physical disabilities they have or for health reasons, they are familiarized with the act in the presence of a legal representative, witnesses or defense attorney. The latter confirm the contents of the document, as well as the impossibility of signing it with personal signatures.

Signing the protocol

The final part of the act must also contain information about the attachments (photo cards, negatives, phonograms, plans, diagrams, prints of traces, casts, etc.), provided that they were carried out specifically during the execution of this investigative operation. Finally, in accordance with the requirements of paragraph 7 of Article 166 of the Code of Criminal Procedure, the protocol is signed by all participants and the investigator. In some cases specified by law, all persons participating in the investigative action receive a copy of the report, about which a corresponding note is made in the original document. For example, during a search, seizure of property, seizure.

Part 9 art. 166 Code of Criminal Procedure: safety of the injured person

Part 9 art. 166 of the Code of Criminal Procedure of the Russian Federation allows the inquirer or investigator not to indicate in the protocol information about the identity of the victim, as well as his representative or witness. This is permitted if it is necessary to ensure the safety of these persons or their close people and relatives.

The inquirer or investigator, with the consent of higher-ranking officials (the head of the inquiry body or the head of the investigative department), makes a decision. In it, he details the reasons for the decision to keep the data secret. In addition, the pseudonym under which the victim or witness will subsequently appear in the documents is indicated, and a sample of their signature is also provided, which they will use when drawing up a protocol of the action carried out with their participation.

Next, the decision is sealed in an envelope, which is sealed and attached to the criminal case. It must be stored in conditions that exclude the possibility for other participants in the process to familiarize themselves with it.

If the matter is urgent, this action may be carried out on the basis of a decision of the inquiry officer or investigator without obtaining the consent of a higher official. However, as soon as the opportunity arises, the document is transferred to the heads of the investigative body or inquiry.

Part nine of the article under consideration introduced a new measure into the domestic criminal procedural legislation aimed at protecting witnesses and victims. It is closely related to the ability of these persons to testify in court in conditions that exclude visual contact with other participants in the proceedings (in accordance with the comments). Art. 166 of the Code of Criminal Procedure of the Russian Federation was amended in this part in 2016. Previously, only the investigator had the authority to make a decision. The amendments that came into force in 2016 allowed the investigative bodies to carry out this action.

Article 166 of the Code of Criminal Procedure of the Russian Federation. Protocol of investigative action (current version)

1. A protocol of an investigative action is drawn up during the investigative action or immediately after its completion.

3. The protocol shall indicate:

1) the place and date of the investigative action, the time of its beginning and end, accurate to the minute;

2) position, surname and initials of the person who compiled the protocol;

3) last name, first name and patronymic of each person participating in the investigative action, and, if necessary, his address and other information about his personality.

6. The protocol is presented for review to all persons participating in the investigative action, taking into account the specifics provided for in Article 189.1 of this Code. At the same time, these persons are explained their right to make comments to be included in the protocol regarding its addition and clarification. All comments made regarding additions and clarifications of the protocol must be agreed upon and certified by the signatures of these persons.

7. The protocol is signed by the investigator and the persons participating in the investigative action, taking into account the specifics provided for in Article 189.1 of this Code.

10. The protocol must also contain a record explaining to participants in investigative actions in accordance with this Code their rights, obligations, responsibilities and the procedure for conducting investigative actions, which is certified by the signatures of participants in investigative actions, taking into account the specifics provided for in Article 189.1 of this Code.