Использование результатов оперативно-разыскной деятельности: современные проблемы и перспективы

Abstract

The article deals with the most important of the currently existing problems of the use of the results of operative-investigative activity, as well as formulated proposals for improving the legislation that regulates the use of the results of operative-investigative activity.
 According to the author, scientific development of the optimization of the legal basis for using the results of operative-investigative activity consists in finding the balance between providing stakeholders with a legal possibility to use the results of operational-search activity in socially useful purposes and ensuring respect for all the rights and legitimate interests of citizens, society and the state.
 The purpose of the study is the search for the currently existing, most important problems of using the results of operative-investigative activity, as well as development of proposals for improving the legislation that regulates the use of the results of operative-investigative activity.
 The methodology of the study was comprised of a combination of general scientific (analysis, synthesis) and special (formal-legal, comparative-legal) methods.
 Resulting from the study, a conclusion about the need to improve the legislation regulating the usage of the results of operative-investigative activity was made and directions for its improvement were suggested. Areas indicated for improvement are: expanding the goals and the range of subjects of using the results of operative-investigative activity, reconciliation of federal and departmental legal acts regulating the usage of the results of operative-investigative activity, as well as defect correction of law rules governing the use of the results of operative-investigative activity arising from poor legislative technique.
 It is the author’s conclusion that the development of theoretical and legal problems that arise when presenting and using the results of OIA is currently a promising area of legal sciences of a criminal law nature.