Abstract
Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.
Highlights
For many years, a number of scientists have been categorically denying the very idea of the investigator’s being engaged in covert-nature activities, while other scholars favour admissibility of such actions and, the need for them
The mere fact of the existence of such scientific discussion is sufficient to assert the relevance of the given subject; our survey with the participation of investigators and criminal-intelligence law enforcement agencies (LEA) showed the importance of resolving these issues for law enforcers per se
Survey was made for 1,241 officers of the interior bodies authorised to engage in the preliminary investigation or criminal intelligence and surveillance; judges; coverage area – 75 constituent entities of the Russian Federation
Summary
A number of scientists have been categorically denying the very idea of the investigator’s being engaged in covert-nature activities, while other scholars favour admissibility of such actions and, the need for them. Survey was made for 1,241 officers of the interior bodies authorised to engage in the preliminary investigation or criminal intelligence and surveillance; judges; coverage area – 75 constituent entities of the Russian Federation. The purpose of the study is the identification of procedural provisions governing the investigator’s covert-nature activity and related law enforcement problems. The set purpose determined the need to consider the following objectives: analysis of the criminal procedure legislation in Russia and other countries; identification of problem areas inherent in the law of criminal procedure in the context of the research
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