CRIMINAL RESPONSIBILITY FOR THE VIOLATION OF APARTMENT INVIOLABILITY WITH THE EXCEEDING ONE’S OFFICIAL AUTHORITIES (COMPARATIVE-LEGAL ANALYSIS)

An attempt was made on finding ways to improve the effectiveness of investigative actions accompanied by the limitation of the right to inviolability of dwelling, and the legal guarantees for the provision of the abovementioned constitutional right were put in the center of attention within the framework of the present article. It was proposed in this article that the reforms of the constitutional, and therefore criminal-procedural legislation should be conducted. In this case the right and possibility to search without the permission of the court in the case of its urgency with the provision of  substantiations of its practical necessity will be received. At the same time, appropriate legal mechanisms and guarantees have been proposed in the article for the provision of legality and objectiveness. The article also discusses the concept of "home", and it is suggested that the term "car" should be excluded from this concept or the search should not be conducted without the court permission in order to avoid the violation of the requirements of the legality. The legislative norms of a number of foreign countries have been considered and the comparative-legal analysis has  been conducted within the framework of the article concerning the violation of the inviolability of dwelling.