The Code of Criminal Procedure contains a norm defining the grounds and procedure for conducting a search. This procedure is strictly regulated and is subject to documenting. The rules by which it is carried out are given in Art. 182 Code of Criminal Procedure. Let's consider it in detail. 
General information
A search is considered reasonable if there is sufficient information from the official to suggest that a particular subject or place (for example) may have equipment, tools or other means used in the commission of the crime, as well as documents, valuables and objects having value for clarifying the circumstances of the case. The procedure is performed only if there is an authorizing act. An investigator’s decision may serve as him. It is presented before the event. Search in an apartment or other dwelling is carried out in accordance with a court decision. It shall be adopted in accordance with the rules defined in Article 165.
Preparatory work
Before carrying out investigative actions, the official offers to voluntarily surrender items, values and documents that are relevant to the case and subject to seizure. If the subject agrees and there is no further reason to assume their concealment, the procedure may not be performed. Otherwise, having presented the resolution on the search, the employee proceeds to the inspection. 
The nuances of the procedure
Carrying out the necessary investigative actions, executive the right to open any premises if the owner refused to open it voluntarily. At the same time, property damage not caused by necessity is not allowed. The official is obliged to take measures to prevent disclosure of the circumstances of the private life of the subject - the owner of the premises or other persons who became known during the process. The employee may prohibit the citizens present from leaving the place of the search, communicate with each other and other people until the end of the procedure. In any case, documents and items prohibited for use should be seized during the inspection of the premises.
Electronic storage media
Search and seizure of items may be carried out with the participation of specialists. In particular, this concerns the seizure of digital storage media. At the request of their owner or holder of the data contained on them, a specialist participating in the procedure, copies the information. During the process, witnesses must be present. During the search, data is copied to other electronic media. They are provided by the owner or possessor of information. It is not allowed to copy information that may create obstacles to further investigation of the case or, in the opinion of a specialist, entail loss / modification of data. Digital media with transferred information are transferred to the owner of the seized materials. An appropriate entry is made in the search report. Seized documents, valuables and items shall be presented to persons participating in the procedure. If necessary, they are packed and sealed directly at the place of the search, which is confirmed by the signatures of witnesses or other citizens. 
Documentation Procedure
In accordance with norms 166 and 167 of the Code of Criminal Procedure, a search report is drawn up when inspecting the premises and seizing items and papers.The document shall indicate the place where the values, documents and objects were discovered, the circumstances under which this happened, whether they were seized by force or surrendered voluntarily. The protocol accurately lists the number of objects, weight, measure, individual characteristics and, if possible, cost. If during the search, attempts were made to destroy or hide the valuables, documents and objects to be seized, this is also recorded in the act and the response measures taken by officials are indicated. A copy of the protocol is handed to the subject in whose premises the search was carried out, or to his adult relative (family member). If the procedure was carried out at the enterprise, a copy of the act is transferred against receipt to a representative of his administration.
Art. 182 Code of Criminal Procedure RF: comments
The procedure considered in the norm is aimed at searching for documentation, objects that have evidentiary value, and the values of corpses and wanted persons. Information flowing from the materials of the case or materials obtained operatively, that in a room (house, garage, workplace), or in another place (for example, on the territory of a personal plot), or at a particular citizen these objects act as grounds for a search.
Procedure Appointment Act
The forced nature of the process is indicated by a document executed by an official. The decision gives the employee the right to invade non-residential premises against the will of the persons in it. A court decision is required to enter the house. This paragraph of Art. 182 of the Code of Criminal Procedure of the Russian Federation confirms the provision enshrined in the Constitution, in article 25. It says that entry into the home for the purpose of search is allowed only by court order.
Exceptions
In some cases, a search in an apartment or other residential premises may be carried out without a court order. This situation arises if the procedure is urgent, because any delay can lead to the loss of documents, valuables or objects of importance to the investigation. A search without a court decision may also be carried out if it is necessary to promptly detain a wanted citizen. In this case, after the procedure is completed, the official is obliged to notify the appropriate authority or prosecutor.
lead time
A search involving an invasion of a residential building causes a psychological blow to the peace of the citizens who are in it, especially if there are children among them. In this regard, events are not held from 22.00 to 6.00 local time. The exception is cases where the search is urgent, and because of the delay, important evidence of the crime may be lost. 
Key Rules
The procedure, the implementation of which is regulated by Art. 182 Code of Criminal Procedure, includes several stages. Compliance with their sequence is mandatory for the official. First of all, before direct penetration into the room, the employee presents a decision or a court decision. After that, the citizen is invited to voluntarily transfer the wanted documents, objects or values. In case of refusal to fulfill the investigator’s request, the seizure is compulsory. In this case, the resistance of a person must be suppressed by all legal methods, including using physical force. With the voluntary transfer of objects, investigative actions can be completed. If an official believes that only a part of the items sought has been transferred, then he can proceed with the search.
Search is carried out according to certain rules. Their general meaning is reduced to the exclusion of any gross interference in a person’s personal life without real need. So, the law establishes the following requirements:
- Closed rooms can be opened only if the owner refused to provide access to them.In this case, the investigator should avoid damage to doors, locks and other elements that are not caused by necessity.
- The official takes measures to prevent the disclosure of information about the private life of people on the premises.
- Until the completion of the procedure, none of those present can take out objects that are subject to seizure or transfer them to other citizens.
Extenuating circumstances
As mentioned above, the citizen is first invited to hand over items that must be seized. In some cases, the voluntary transfer of these facilities may be considered a mitigating circumstance. However, it does not serve as the basis for the release of the subject from liability for the storage of prohibited things. Here it is necessary to mention one caveat. The legislation has a special clause regarding the seizure of weapons. In particular, the rules established that as a voluntary surrender, the seizure of an object during the detention of the subject, as well as in the performance of investigative actions aimed at its search and confiscation, is not recognized. The issuance of ammunition, drugs or weapons by the inspected subject at the request that was presented before the search begins, acts as a behavioral act committed during the procedural event. In the context of the considered 182nd article, it is voluntary.
Subjects present during inspection
Part 11 of the commented norm contains innovation. Some experts consider it rather controversial. In the indicated part it is determined that during the search of the premises the defender of the suspect may be present, as well as the lawyer of the owner of the facility in which the procedure is carried out. In this case, the presence of the former is quite logical and justified. As for the lawyer of the person whose premises are being searched, this subject is unknown. Moreover, its procedural position has not been determined; accordingly, it is not possible to determine a specific person from the position of law. 
Instruction manual
By order of the Ministry of Internal Affairs No. 249, adopted on February 30, 2010, a special document was introduced. In accordance with it, the heads of the police department and a number of structural units performing operational-search measures, if they have information about violations of the provisions of the criminal law, are empowered:
- Make decisions and give written orders to conduct a survey of certain premises, structures, buildings, except residential, vehicles, land plots in the public mode.
- To entrust the search to operational officers who are under their jurisdiction, with the possible involvement of specialists, employees of legal departments that are not related to operational-search activities.
The examination procedure itself is not regulated in the instructions. However, the document contains indications of the need:
- the participation of two third-party competent citizens in the procedure;
- documentation of events;
- involvement of special forces in the event of resistance.
In addition, the provisions of the instructions allow the removal of materials, documentation and items of evidentiary value in the case. All these provisions allow us to conclude that the normative act refers to a search of non-residential premises.
Conclusion
It must be said that in Russia throughout history it was not allowed to invade a person’s personal life without procedural documents. Even during the vigorous activity of the NKVD officers, searches were carried out on warrants and other acts drawn up as part of a criminal case. In the Russian Federation, the rule according to which the freedoms and rights of a citizen can be limited only by the Federal Law is enshrined in the Constitution.The law governing operational-search activities does not contain any indications of the possibility of conducting searches only on the basis of the existence of authority. Any procedural measures should be documented and carried out in accordance with acts of authorized structures. In the context of Art. 182 they are a court or investigator. In this case, the latter, even having drawn up the necessary act, can enter the premises only in exceptional cases.
After an urgent search, the official is obliged to notify the prosecutor's office or the court about this. Otherwise, evidence obtained during the event will not be recognized as lawful. Accordingly, the court will not take them into account when considering the case, even if they fully confirm the guilt of the citizen. Therefore, when appointing and conducting a search, an official must strictly follow the requirements of the law.