ENSURING THE RIGHTS AND LEGITIMATE INTERESTS DURING A SEARCH OF A DWELLING OR OTHER PROPERTY

Abstract

The author analyzes the legal framework for conducting searches, emphasizing the procedural nature of this investigative action and the importance
of observing the law, proportionality, and validity. The author also examines the
potential risks of violating the right to the inviolability of one's home and ensures
effective judicial control over the process of granting a search warrant.
Additionally, the author observes the principle of adversariality of the parties in
criminal proceedings. Through a comparative analysis of legal provisions and case
law, the author outlines existing legal conflicts and their impact on procedural
guarantees during a search.