Abstract
The scientific article is devoted to the study of issues related to the peculiarities of performing operational-investigative activities of judicial authorization enshrined in the Federal Law “On operational-investigative activities” The questions of performing operational-investigative activities and the restrictions on the constitutional rights of citizens, connected with them, are raised. Performing operational-investigative activities, requiring judicial authorization, is impossible without clear knowledge and understanding of not only the Federal Law “On operational-investigative activities” but also the decisions of both the Constitutional Court and the European Court of Human Rights. Understanding these documents makes it possible to competently and fully, in compliance with all the requirements of the law, draw up the necessary documents to obtain the permission of a court, competently and clearly determine which activity should be conducted in each case, taking into account the technical and other features of both the activity itself and the allocated funds. Purpose: to conduct a scientific study of operational-investigative activities of judicial authorization; to analyze the legislation governing the specifics of performing these activities, the powers of the subjects of operationalinvestigative activities when performing the considered activities. As the methods and methodology of conducting the work, formal-logical and dialectical methods, sociological, and historical methods were used. The scientific article is based on a sociological, theoretical, and historical method, on a set of techniques for understanding the legal status of an official, the theory of authorities, and a comparative analysis of legislative norms. The main methodological approach used in the scientific article is the theory of operational-investigative legislation, developed in the works of Russian lawyers. Main results: the study made it possible to identify the advantages and disadvantages of the regulatory framework governing the specifics of conducting operational-investigative activities requiring judicial authorization, as well as significant errors in law enforcement practice. Conclusions and substantiation of the novelty of the work: based on the analysis of the Federal Law “On operational-investigative activities”, insufficient legal elaboration of the legal regulation of operationalinvestigative activities of judicial authorization is substantiated. The ways of solving the existing problems are proposed, including by amending the current legislation on operational-investigative activities.
Highlights
Some operational-investigative activities imply an invasion of the privacy of citizens, which is permitted by the operational-investigative legislation in the interests of optimizing the fight against the most dangerous manifestations of crime
At the same time, when performing operational-investigative activities requiring judicial authorization, the questions arise, which are not directly prescribed in the law, in the course of law enforcement practice, caused by the emergence of new technical devices, control over which is required to solve the tasks of operational-investigative activities, but at the same time, this is not prescribed in the law
In the authors' opinion, in order to avoid double, triple, and other interpretations of the norms of legislation on operational-investigative activity, especially in terms of limiting the constitutional rights of citizens and, limiting their constitutional rights and freedoms, it is required to indicate in the legislation the very possibility of bodies performing operational-investigative activities to restrict these rights, which require judicial authorization, but to remove their list from the law, due to the fact that the technical component is rapidly changing in the world, and the legislator does not always keep up with it, and the law enforcer does not have time to adequately counter crime, for which it was created
Summary
Some operational-investigative activities imply an invasion of the privacy of citizens, which is permitted by the operational-investigative legislation in the interests of optimizing the fight against the most dangerous manifestations of crime. These relations are consideredin the Federal Law “On operational-investigative activities” [1]. One of the scientists, Michael Scheibenreif, in his study “Europol and European Security or how the agency is trying to serve its purpose” [2] considers the ways of improving operational-investigative legislation, the problems of limiting the constitutional rights of citizens while the Europol departments implement operational-investigative activities, as well as their main functions and powers
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