Concept of “Subjects of Person’s Detention without Investigating Judge’s Ruling”


The author of the article has emphasized that exercising the detention of a person without the investigating judge’s ruling is related to the emergence, further development, modification and termination of the relevant social relations with their characteristic corpus delicti. It has been noted that the functioning of such social relations takes place considering their regulatory legal regulation, where it is quite common to designate them as legal relations. The author has accomplished the analysis of scientific approaches to the interpretation of the terms of “subject”, “subject of law”, “subject of legal relations”. It has been suggested to understand the subjects of a person’s detention without the investigating judge’s ruling as a set of persons who, in accordance with the prescriptions of the current national legislation, within the limits of social relations regarding the detention of a person without the investigating judge’s ruling, are granted procedural rights and duties or powers. Given the specifics of the emergence and development of social relations during the detention of a person without the investigating judge’s ruling, its functioning as one of their main subjects in the whole, has been offered to be considered as the person who is detained without the investigating judge’s ruling. The very person is endowed with the appropriate procedural status within the given social relations, as a result of which he / she has procedural rights and obligations, guarantees of their implementation. This subject is considered as one of the main ones, because such social relations cannot arise and exist in the future without the existence of such a subject. It has been emphasized that persons authorized by the current national legislation to exercise such detention should be considered as the leading subjects of a person’s  detention without the investigating judge’s ruling. As a separate group of subjects of a person’s detention without the investigating judge’s ruling, the author has singled out the subjects of ensuring the rule of law. Subjects of control and supervisory activities have been named within this group.


  1. Theory of the state and law in test tasks: training manual / composite authors; under general edition of Doctor in Jurisprudence, Prof. L.R. Nalyvaiko. Dnipro: Dnipropetrovsk State University of Internal Affairs, 2020. 760 p.
  2. Rozhdestvenska O.S. Special subject of informational legal relations (general theoretical aspect): dissertation … candidate of law sciences: 12.00.01. Kharkiv, 2008. 190 p.
  3. Philosophical encyclopedic dictionary / NAS of Ukraine, Institute of Philosophy named after H.S. Skovoroda; ed. V.I. Shinkaruk et al. Kyiv: Abrys, 2002. 742 p.
  4. Petukhova L.Ye. Three-subject didactics in the model of innovative development of educational systems. Collection of scientific works of Kherson State University. Pedagogical sciences. 2014. Issue 65. Pp. 74–80.
  5. Ruvin O.H. Administrative and legal principles of exercising control over the activities of forensic expert institutions of Ukraine: dissirtation … doctor of law sciences: 12.00.07. Sumy, 2021. 410 p.
  6. Legal encyclopedia: In 6 volumes / Ed.: Yu.S. Shemshuchenko (chief editor) and others. Kyiv: “Ukrainian encyclopedia”, 1998. Vol. 5: P.-S. Kyiv: “yurydychna dumka” Publishing House, 2003. 736 p.
  7. Okuniev I.S. General theoretical principles of the legal status of the subject of law: dissertation … candidate of law sciences: 12.00.01. Kyiv, 2009. 222 p.
  8. Manual on some aspects of conducting financial investigations (research of financial relations). 156 p. URL:,%20Guidances%20etc)/UKR_FINANCIAL%20INVESTIGATIONS%20MANUAL.pdf.
  9. Criminal Procedural Code of Ukraine: Law of Ukraine dated from April 13, 2012 No. 4651-VI. Bulletin of the Verkhovna Rada of Ukraine. 2013. No. 9–10, No. 11–12, No. 13. Art. 88.