Прокурорский надзор за оперативно-разыскной деятельностью

Abstract

The article is devoted to a topic relevant to the theory of both prosecutor’s supervision and operational-search activities. Supervision of operational-search activities as an independent direction of the prosecutor’s office took shape about 30 years ago, after the adoption of the Federal Law “On operational-search activities”. During its existence, a certain practice of applying legislation in the field of prosecutor’s supervision of operational-search activities has been formed and developed. Prosecutor’s offices at all levels have developed certain ways of organizing prosecutor’s supervision of operational-search activities. However, it should be noted that the significance of this area of prosecutor’s supervision has so far been underestimated. The attitude to such a branch of prosecutor’s supervision as secondary and not important, firstly, entails a decrease in the effectiveness of the implementation of the tasks set for operational-search activities, and, secondly, violations of the rights of citizens in carrying out operational-search activities. The existing departmental regulations of the Prosecutor General’s Office of the Russian Federation directly or indirectly establish requirements for strengthening supervisory measures for operational-search activities. At the theoretical level, there are unresolved issues that require a non-trivial approach to resolving them. The views of scientists on a number of issues that need to be resolved generally coincide. The article focuses on a number of significant issues, the resolution of which directly depends on the correctness of the formation of law enforcement practice of prosecutorial supervision of operational-search activities. The author provides concrete examples confirming the unresolved issues raised in the article. In conclusion, general conclusions are made on this topic.