Особенности оперативно-розыскных мероприятий, направленных на раскрытие преступлений против конституционных прав и свобод человека и гражданина

Abstract

The relevance of the research. The article is devoted to the study of the specifics of operational-search measures aimed at disclosing criminal acts that infringe on the constitutional rights and freedoms of man and citizen. The study of the methods used in order to disclose crimes of this category as well as other features of the ongoing operational-search actions, contributes to a more rational work of the operational units of the Internal Affairs Directorate. Articulation of issue. Activity of law enforcement agencies on solving crimes that infringe on the constitutional rights and freedoms of a person and a citizen, in addition to the procedural form, implies the use of operational-search forces, means and methods. The key elements of their application are the subject of discussions regarding their normative regulation, as well as issues of the admissibility of overt and covert methods, technical means, the use of operatively significant information, the admissibility of using the results of operational-search measures in criminal process. Objectives and methodology. The purpose of the study is to identify the characteristic features of operational-search measures carried out in order to disclose crimes against the constitutional rights and freedoms of man and citizen. The methodological basis of this research is represented by the general scientific system method, empirical methods of description and interpretation, as well as methods of legal research. Results and key findings. Crimes against constitutional human and civil rights and freedoms are characterized as socially dangerous acts, carefully hidden from law enforcement agencies. In order to effectively disclose these crimes, a significant role is assigned to operational-search measures with focus on the use of various technical means, a wide selection of sources of operational significant information, the use of overt and covert techniques and methods. However, these criminal acts imply operational-search measures that require departmental authorization, which makes it possible to effectively identify phenomena and processes that are carefully hidden from the public.