INTERACTION OF INVESTIGATIVE AND OPERATIONAL SUBDIVISIONS DURING THE PRE-TRIAL INVESTIGATION

Abstract

The article clarifies the concept, essence and scientific basis of the investigator’s interaction with operational units; the role of theoretical provisions of interaction of the investigator with operative divisions is defined; the basis of interaction of the investigator with operative divisions is analyzed; modern levels, directions, forms and types of interaction of the investigator with operative divisions are considered; procedural and organizational-tactical aspects of the investigator’s interaction with operational units are revealed; the practical experience of organization and implementation of interaction of the investigator with operative divisions in criminal proceedings is generalized. It is determined that interaction of investigator and operational units in criminal proceedings should be defined as based on laws and regulations, as well as unanimity and agreement of tasks, which provides for effective application of legal measures, forces, forms, methods and tools aimed at effective investigation. The article forms theoretical conclusions, substantiates and highlights the main provisions and statements on improvement of practical principles associated with the interaction of the investigator with operational units during the criminal proceedings. On the basis of analytical researches of normative-legal maintenance of interaction of the investigator with operative divisions the conclusion on expediency of improvement of a normative field for the purpose of proper and timely execution of instructions of the investigator and the prosecutor by operative divisions is made. It is proved that during the execution of the instructions of the investigator, the prosecutor, the employee of the operational unit uses the powers of the investigator. Officers of operational units do not have the right to carry out procedural actions in criminal proceedings on their own initiative or to apply to the investigating judge or prosecutor. Only purposeful and systematic work of the investigator and the operative unit during the implementation of the sections will allow to use the capabilities of both subjects in the process of verification and collection of evidence by covert means effectively. In order to improve the interaction between the investigator and the operative unit at the legislative level, it is recommended to consolidate the right of the operative unit to initiate search and other procedural actions, to improve the procedure of joint investigative actions by the investigator and the operative unit.