Modern Features and Law-Enforcement Problems of the Operational-Search Measure «Inspection of Premises, Buildings, Structures, Sections of Terrain and Vehicles»

Abstract

The article deals with the actual law enforcement problems associated with violations of legal norms by the bodies engaged in operational-investigative activities in the course of conducting and documenting operational-investigative activities «inspection of premises, buildings, structures, areas and vehicles». The analysis of norms of the Federal law of 12.08.1995 No. 144-FZ «About operational search activities», the criminal procedure code of the Russian Federation, departmental normative acts, decisions of the European Court of human rights and the constitutional Court of the Russian Federation, Plenum of the Supreme Court of the Russian Federation, and also the practice of prosecutorial supervision over implementation of laws in the implementation of operative-search activities, identified various approaches to the assessment of the legality of the survey of housing in the framework of the operational-search measures «inspection of premises, buildings, structures, areas and vehicles». On the basis of the obtained data, the problems were identified and some prospects for the development of the operational search activities were identified. The authors in this paper propose possible solutions to the identified law enforcement problems and measures to further develop the possibility of using the information obtained during the operational-search activities «inspection of premises, buildings, structures, areas and vehicles» for the formation of criminal procedural evidence in criminal cases. The authors state their position on the basis of the analysis of the current operational-investigative, criminal-procedural legislation and prosecutorial-Supervisory practice. The methodological basis of the study was made by General scientific and special methods of knowledge of law enforcement problems of conducting and documenting operational search activities «inspection of premises, buildings, structures, areas and vehicles», including the method of system-structural analysis, synthesis method, analysis method, comparative legal method, formal logical method, statistical method. As a result of the study revealed that the information obtained in the course of operational-search activities «inspection of premises, buildings, structures, areas of terrain and vehicles», can be the basis for the formation of criminal procedural evidence in criminal cases only in compliance with the legal norms of the bodies engaged in operational-search activities during the production and documentation of the operational-search activities. At the same time, the admissibility of evidence formed on the basis of the results of operational investigative activities presented in criminal proceedings is made dependent on the implementation of certain legal norms in the production of the operational investigative measures under consideration. In the legal literature, innovations in the legislation of Russia related to various aspects of conducting and documenting operational search activities «inspection of premises, buildings, structures, areas and vehicles» traditionally cause a lively discussion. However, up to the present time in science and did not have a consensus on the concept and essence of the considered operational search activities. Analysis of the practice of prosecutorial supervision over the execution of laws in the implementation of operational-search activity indicates different approaches to assessing the legality of the operational-search activities. Thus violations of the legislation in practice of the bodies performing quickly-search activity during carrying out quickly-search action «inspection of rooms, buildings, constructions, sites of the district and vehicles» is very difficult task. First of all, due to the high requirements of operational-search and criminal procedure legislation, the results of operational-search activity, to the process of proof in General, and to certain types of evidence that are formed in criminal proceedings on the basis of the results of operational-search activity.