Негласность как межотраслевой социально-правовой феномен

Abstract

Introduction. At all times, secrecy has been associated exclusively with secrecy and criminal (political) investigation as the forefather of operational investigative activities. At the end of the XX – beginning of the XXI centuries, there appeared hypotheses about the attitude of secrecy not only to conspiracy and operational investigative activities, but also to other branches of law and areas of social life.
 The scientific and legal community discussed the problem more and more often within their community. The relevance of this study is due to the conflict of modern scientific views of the legal community on the sociolegal phenomenon of secrecy and the polemic of its attribution only and exclusively to the field of operational investigative activities. Having analyzed modern law enforcement practice and current legislation in various spheres of life, the author puts forward and substantiates the thesis about the interdisciplinary nature of the institute of secrecy.
 Methods. Methodology: the study used general scientific dialectical, comparative legal, formal logical methods and the method of content analysis. The study made it possible to identify facts and evidence of the existence and functioning of the institution of secrecy in social spheres unrelated to the ORDO and law enforcement in general.
 Results. Based on the results of his own research and the results of numerous previous scientific studies of other lawyers, the author comes to the conclusion that the socio-legal phenomenon of secrecy is objectively characteristic of many spheres of society’s activities in addition to its purely operational-investigative and law enforcement activity, which proves its interdisciplinary nature.