Крайняя необходимость и её значение в оперативно-розыскной деятельности

Abstract

The article describes the role and place of circumstances precluding the criminality of the act in the criminal law of Russia. The authors demonstrate the possibilities of their regulatory function of law enforcement officers, in particular, employees of operational units of the internal Affairs bodies of the Russian Federation. The main emphasis is placed on the conditions of legality of causing harm in case of extreme necessity, as a circumstance precluding the criminality of the act, in the criminal law of Russia. The questions of application of the norm of extreme necessity and its correlation with the conditions of legality of operational search activities by law enforcement officers are touched upon. The current procedure of legal assessment of operational search activities is criticized. It is concluded that at present the harm to the interests protected by the criminal law during the operational search activities, from the point of view of its legality to the norms of the criminal legislation, can be justified only by extreme necessity. Due to the lack of relevant norms in the current criminal legislation, it is necessary to focus on the existing regulatory framework. It is noted that the legislation on operational-search activity of conditions of legality of causing harm, unfortunately, does not contain. Thus, its role in the regulation of such relations is minimal and does not meet the prevailing law enforcement practice. Possible solutions to these problems are proposed.