Formation of the Concept of Admissibility of Presentation of the Results of Operational Investigative Activities

Abstract

The paper deals with the problems of legislative regulation and law enforcement practice arising in connection with the presentation of the results of operational investigative activities (OIA): an expanded understanding of directions of using the results of the OIA; attempts of normative justification of compelling to submit the results of the OIA; problems in declassifying court decisions concerning operational investigative measures. It is noted that in order to overcome the problems that arise during implementation of these relations and regulation of relations in this area, it is required to provide an academic understanding of the principles of presenting the results of the OIA. To this end, the author proposes the concept of admissibility of presentation of the results of the OIA, which includes the concept of admissibility and the main conditions mediating this process. Admissibility of presenting the results of OIA is understood as the possibility of their transfer, determined by the agency carrying out this activity, based on an assessment of their content, taking into account the procedure and directions of use, as well as restrictions provided for by the Federal Law «On Operational Investigative Activities». Conditions of admissibility include: 1) information maturity of the results of the OIA assessed with regard to the requirements of departmental regulations; 2) presentation of the OIA results with due regard to the directions provided for by law; 3) compliance with the procedure for presenting the results of the OIA, provided for by law; 4) compliance with prohibitions and restrictions imposed on information dissemination. Taking into account judicial practice and the results of the study, the authors propose a number of amendments to the legislation regulating OIA. As a conclusion, it is noted that the concept proposed by the authors concerning admissibility of presentation of the OIA results can serve as a guideline for subsequent changes in legislation, which will streamline relations in the field of presentation of the OIA results.