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The detention of a suspect entails restriction of the individual's right to freedom of movement, which may actually begin from the moment a person is seized at the crime scene by police officers or even citizens. In order to properly ensure the right to freedom of movement, the Code of Criminal Procedure of the Russian Federation stipulated in paragraphs 11 and 15 of Article 5 the necessity to calculate the period of detention from the moment of actual detention, but at the same time did not introduce a corresponding procedure in the Code of Criminal Procedure of the Russian Federation, as a result of which these legal provisions do not really work. It is therefore necessary to establish and use a criminal procedure mechanism that makes it possible to calculate the period of detention provided for by the Constitution of the Russian Federation from the moment of actual detention of a person on suspicion of committing a crime. It is desirable to take into account the experience of such mechanisms in the criminal procedure legislation of foreign states. Purpose: to find out the reasons for the existence of problems in the theory and practice of Russian criminal proceedings in calculating the period of detention of a criminal suspect from the moment of actual detention and substantiate possible ways to eliminate them. The dialectical method is used as a methodological basis of the research, as well as methods of comparative law, historical-legal, legal interpretation and logical-legal. Results: the article establishes the background of the problems of calculating the period of detention from the moment of actual restriction of a person's right to freedom of movement, it compares the procedures for calculating the period of detention in Russia and foreign countries. Proposals are made and substantiated for the establishment of a criminal procedure mechanism to ensure the right to freedom of movement when a criminal suspect is detained.

Constitutionalization as a legal concept has been introduced into Russian science relatively recently, after the start of the Constitution of the Russian Federation and the activation of the Constitutional Court of the Russian Federation, in connection with which its essence and properties attract increased attention, primarily in the science of constitutional law. The issues of constitutionalization of criminal proceedings deserve a separate consideration due to the peculiarities of legal regulation and practical implementation of proceedings in criminal cases, taking into account the views expressed in legal literature on the current meaning of constitutionalization, its forms and problems, as well as the available data of law enforcement practice. Purpose: to determine the specificity of constitutionalization and its current meaning as applied to the sphere of criminal proceedings, to identify the possibilities for improving the process of constitutionalization in this area. The dialectical method is used as the methodological basis of the study. In addition, general scientific methods of analysis, synthesis and systematic approach are used, as well as special legal methods: historical-legal, legal interpretation and logical-legal. Results: the concept of constitutionalization in criminal proceedings is clarified, evidence is given on the basis of an analysis of judicial practice to support the viewpoint that at present the only really effective form of constitutionalization is the work of the Constitutional Court of the Russian Federation to bring criminal procedural legislation and practice of its application in line with the provisions of the Constitution. To increase the effectiveness of constitutionalization of criminal proceedings, a more careful approach is needed on the part of the legislator to incorporate the changes and additions initiated by the Constitutional Court of the Russian Federation into the system of criminal procedural regulation.