Проблемы оценки и использования результатов оперативно-розыскной деятельности в процессе доказывания

Abstract

The process of proof is the central link around which criminal proceedings are built. The event, the circumstances of which are to be established, took place in the past, and it is impossible to reproduce it in all details in the present. But, as you know, every crime leaves traces. Evidence is material and ideal traces that appear in the objective world and which must be collected, verified and evaluated in order to properly consider and resolve the case. At present, the subjects of proof make a large number of mistakes, as a result of which the evidence is recognized as inadmissible, which sometimes entails a review of the court decision and the re-qualification of the actions of the guilty person, thus at the present stage, a close and comprehensive study of the problem is required in connection with the relevance of existing issues (problems), requiring solutions in order to eliminate gaps in the criminal procedure legislation and bring to the uniformity of practice. So, for example, the activities of employees engaged in operational-search activities are an invaluable source of data aimed at assisting in the collection of evidence, and is also often the starting point in the activities of the investigator, interrogating officer. The procedure for the procedural registration of the results of operational-search measures, the procedure and conditions for using them as evidence should be regulated by the criminal procedure legislation. The actual problems of using the results of operational-search activity in proving in criminal cases are considered. The analysis of legislation, judicial practice and opinions of procedural scientists on this issue was carried out. Particular attention is paid to the problems of legalizing the results of operational-search activities in the framework of procedural evidence in a criminal case. The ways of solving the studied problems are proposed.