GENESIS OF LEGAL REGULATION OF OPERATIONAL INVESTIGATION TACTICS

Abstract

The article examines the formation and development of legal regulation of operational and investigative tactics in different historical periods. It was found that the beginning of the direct formation of the legal framework (development and adoption of circulars, regulations, orders, instructions, instructions) of operational and investigative activities (organization and tactics) dates back to the beginning of the XX century. It is noted that despite the presence of some gaps (problems) in the legislation governing the search (search) activities in the pre-revolutionary period, in general, the provisions enshrined in regulations of that time became the basis (basis) for improving and developing regulatory organization and tactics of operational and investigative activities in subsequent historical periods, especially in the Soviet period. It is emphasized that in the Soviet period the first legal acts of the Soviet government (through the VNK), regulating operational and investigative activities, were far from perfect and only partially regulated the organization of covert work and tactics of operational and investigative measures, which affected unsatisfactory state of counteraction to crime. According to the results of the study of special literature, during the existence of Soviet power, more than two dozen departmental regulations were adopted, regulating the organization and tactics of operational and investigative activities in places of imprisonment. At the same time, despite such a strong legal framework governing operational and investigative activities, including in penitentiary institutions, the legal grounds for operational and investigative activities were largely ignored, and the basic principles of law enforcement – the rule of law – were leveled. The period of 1950–1960 is characterized by the beginning of the formation of operational and investigative activities as an independent academic discipline. At the same time, despite such achievements, a significant number of prominent scientists continue to consider operational and investigative activities and their theory as part of criminology. Only in the early 70’s the scientific community recognized operational and investigative activities as an independent discipline. This was directly facilitated by the scientific research of famous scientists. During the 1970s and 1980s, in the scientific developments of prominent scientists (D. V. Grebelsky, V. G. Samoilov), in addition to discussions on the object and subject of operational and investigative activities, attention was paid to compliance with the fundamental principles of human rights and freedoms. time of operative-search activity (rule of law, legality). However, the excessive secrecy of operational and investigative activities and the lack of a codified act that would regulate its implementation at the legislative level, makes it virtually impossible for the subjects of operational and investigative activities to implement these principles in practice. A thorough analysis of the scientific literature and the results of the survey of respondents shows that the current Law on OSA is currently outdated, and its provisions do not comply with the provisions of the law. The prospect of further exploration is a study of the current state of legal regulation of operational and investigative tactics and prospects for its improvement.