REFUSAL OF THE SUBJECTIVE RIGHT TO THE INVIOLABILITY OF HOME IN A CRIMINAL PROCEDURE (THEORETICAL AND LEGAL ASPECT)

Abstract

The article discusses consent to the conduct of investigative actions in a home as a refusal of an authorized person from his subjective right to the inviolability of the home, as well as the peculiarities of the procedural procedure for conducting investigative actions in a home in the presence of a refusal of the subjective right to its inviolability. The legal significance of consent to the entry of strangers into the home is that it is a waiver of the right to the inviolability of the home and is one of the legal facts that allow the official conducting the investigative action to interfere with the right of this person. Proceeding from the general signs of a waiver of the right, the authors argue that the inviolability of the home is a subjective right that can be waived, they determine the persons whose waiver of the right to the inviolability of the home has legal significance. By renouncing his right to the inviolability of his home, a person turns out to be from the powers that make up the content of this right. The authors come to the conclusion that the constitutional and legal nature of the principle of the inviolability of the home makes it necessary to ascertain the opinion of all residents on the performance of any investigative actions in the home, with the exception of a search and seizure, the basis for the production of which is exclusively a judicial decision. The article also analyzes the procedure for giving up the right to the inviolability of the home by giving consent.