Rus News Journal

On questions of readers lawyer Dmitry Yakubovsky

In my apartment responds have executed a search on the basis of the decision of the inspector. Tell, a leah the inspector had the right to make such decision?
Tjablikov.

In this case the inspector had no right to make the given decision, since according to item 182 ch. 3 UPK the Russian Federation the search in premises can be made only on the basis of the judgement.


my husband, having left prison term, has declared the petition for previous conviction removal. The court has refused to it. Tell, a leah we can declare this petition again?
Odintsov.

According to item 400 ch. 5 UPK the Russian Federation in default the repeated petition for it can be raised in previous conviction removal before court not earlier than after one year from the date of decision removal about refusal.


the Sister have denounced for three years of imprisonment, and it has a five years` child. A leah has the right court to select at the girl of the unique parent?
Belousova.

Time your sister has committed a crime, it should be punished, established by court. And presence at it the small child is not the cause for the justifying. The only thing that can make court in this case, is to grant a delay of execution of a sentence since according to item 398 p.1 UPK the Russian Federation sentence execution about condemnation of the person to imprisonment can be delayed court for certain term at presence at denounced juvenile children. That is before achievement by the younger child of 14 years.


young girls began to vanish in our area, and my daughter has got to their number. Have found the neolearnt corpse of the girl later, and I am assured that it was my daughter. But a corpse cremated. Tell, a leah law enforcement bodies have lawfully arrived, without having given me a corpse of the daughter?
Elvira D

In - the first, time the corpse was neolearnt, you cannot assert that this corpse of your daughter. But according to item 178 ch. 2 UPK the Russian Federation kremirovanie the neolearnt corpses is not supposed.


the crime, but when for the first time have examined at my place has been committed, criminal case has not been raised yet. Tell, a leah law enforcement bodies legally arrived?
Serochkin.

Yes, actions of law enforcement bodies were lawful, as in cases, being urgent, scene survey can be made before criminal case excitation - item 176 ch. 2 UPK the Russian Federation.