Operational Investigative Activities Research Articles

The Body of Inquiry as a Participant in Criminal Proceedings

The article discusses the problematic aspects of determining the legal status of the body of inquiry as a participant in criminal proceedings. It is noted that despite a number of legislative changes, a considerable number of issues concerning the procedural position of the body of inquiry in the criminal process of Russia remain unresolved. The inconsistency of the legislator in determining the list of bodies of inquiry is separately indicated, the allocation among them of those who have the right to conduct a preliminary investigation in the form of an inquiry, and those who are authorized only to initiate a criminal case and carry out urgent investigative actions. Referring to the foreign experience and the historical development of this institution in domestic legislation, the author emphasizes the unjustified narrowing (compared with the pre-revolutionary state) of the number of state institutions belonging to the bodies of inquiry. The author criticizes the legislative criterion of attribution to the bodies of inquiry, based on the sign of the implementation of operational investigative activities. Special attention is paid to the shortcomings of the legislative definitions given in Article 5 of the Code of Criminal Procedure of the Russian Federation.

SOME ASPECTS OF OPERATIONAL INVESTIGATIVE EVENTS IN THE MIDDLE AGES

The article examines the history of crime fighting. These data are mainly recorded on the specific aspects of operational investigative activities and the implementation of operational investigative activities in different periods and under different conditions, as well as data on the effectiveness of its implementation.

Вопросы организации оперативно-розыскной деятельности в рамках борьбы с преступлениями, совершаемыми несовершеннолетними

The article deals with the problem of carrying out operational investigative activities in relation to minors who have committed acts containing signs of a crime, as well as the use of various resources by the operational staff of the territorial internal affairs bodies to identify them. The emphasis is placed on the actualization of intra-organizational management activities in the field of operational search activities and the quality of their planning, taking into account the systemic and structural interaction of police units.

Countering transnational organized groups using information and communication technologies for the illegal sale of drugs

The research subject is the features of forensic and operational-search tools and methods in the fight against illegal sale of drugs and psychotropic substances, carried out by transnational organized groups using information and communication technologies.The research goal is to analyze the current state of illicit drug trafficking, carried out by organized groups using information technologies, and to develop proposals on this basis for effective operational-search and forensic support for the detection, disclosure and investigation of such crimes.The dialectical-materialistic method, general scientific methods of cognition, the content analysis method of scientific literature and empirical sources, the comparative legal method, the method of expert assessments constitute the methodological basis of the present research.During the study, the following scientific findings have been obtained, namely based on the forensic practice analysis, it has been concluded that crime in the drug business has changed significantly over the last decade. It is distinguished by the complex structure of criminal groups, remote covert interaction between its members, the interstate nature of its activities, the rapid replacement of members and structural links of a criminal group, the anonymity of monetary transactions and remote legalization of criminal proceeds. Effective concealment of the crime traces and criminals through the use of information and telecommunication technologies has become its focus. Drug-related crime is rapidly transforming and adapting to changes in the criminal environment, the digital space development, in particular, it is moving into the shadow segment of the Internet (Darknet) through the TOR technology. All this allows us to state that transnational organized criminal drug trafficking activity is becoming high-tech.To counter modern drug-related crime, it is necessary to develop international cooperation, some ways, forms and procedures of which are being proposed by the authors of the paper. The article describes in detail the possibility and feasibility of the interconnected implementation of operational-search and investigative activities, which generates a positive synergistic effect from their combination. The article proposes a set of practical measures to identify and investigate such crimes. In particular, the possibilities of using systems operating on the basis of machine learning, contextual data analysis, honeypot are being disclosed. An addendum to the Federal Law “On Operational-Investigative Activity” has been formulated, concerning the inclusion of the norm on a new operational-search measure “Internet monitoring”. Its content and potential in the practice of combating the investigated crimes have been revealed.This study can fill a number of gaps that have existed in the scientific literature on improving the practice of countering the illegal sale of drugs by transnational organized groups using information and telecommunication technologies.

Differentiation of the Competence of the Prosecutor's Office and the Court to Ensure the Legality of Operational Investigative Activities

The relevance of the study is determined by the role and place of the legal institution for the protection of human, civil rights, and freedoms as an attribute of the rule of law, the need for proper control and supervisionof their compliance. The Constitution of the Russian Federation proclaims that a person, his rights and freedoms are the highest value, and the state is obliged to recognize, respect and protect the rights and freedoms of man and citizen, judicial protection is guaranteed to everyone. This implies, on the one hand, that everyone is guaranteed to ensure the implementation of the active right to appeal in court decisions, actions or inactions of public authorities and their officials, and on the other hand, verification of compliance with the passive right, which is mainly implemented through control and supervisory procedures. At the same time, in the process of implementing certain functions of the state (in particular, law enforcement), authorized bodies are allowed to apply measures that significantly limit the fundamental constitutional rights and freedoms of a person. An important place among these types of state activities is occupied by operational investigative activities (OIA). In the field of OIA, citizens are often limited in their ability to independently defend their rights and legitimate interests, and therefore a special role in this area is given to the court and the prosecutor’s office. As part of the study, an attempt was made to comprehensively study the theoretical, legal and practical issues of organizing the activities of the prosecutor and the court to protect human and civil rights, the legitimate interests of legal entities in the production of operational investigations, analyze the relationship between prosecutorial and judicial activities, and develop an organic mechanism for their implementation, excluding «mutual substitution» and duplication of competencies.

РОЛЬ И ЗНАЧЕНИЕ НАУЧНЫХ ТРУДОВ Ю.М. АНТОНЯНА ДЛЯ ТЕОРИИ ОПЕРАТИВНО-РОЗЫСКНОЙ ДЕЯТЕЛЬНОСТИ РОССИИ

The scientific article reveals the role of the works of Professor Antonyan Yuri Miranovich for the theory of operational investigative activities in the framework of countering terrorist and extremist manifestations on the territory of the Russian Federation, and also indicates the importance of this author's research for the implementation of law enforcement processes for the identification, disclosure, suppression and prevention of crimes related to terrorist activities.
 The paper examines the provisions of the operational investigative characteristics of crimes, where there is a comparative analysis of the positions in this direction of Professor Antonyan Yuri Miranovich and other researchers in the field of countering terrorist activities.
 The article analyzes the elements of the typology of the terrorist's personality, taking into account Russian criminological traditions and the modern approach to the transformation of the criminal's personality.

СУЩНОСТНЫЕ ХАРАКТЕРИСТИКИ ПРОФЕССИОНАЛЬНОЙ ПОДГОТОВКИ В ОБРАЗОВАТЕЛЬНЫХ УЧРЕЖДЕНИЯХ МИНИСТЕРСТВА ВНУТРЕННИХ ДЕЛ РЕСПУБЛИКИ БЕЛАРУСЬ

The article examines the process of professional training of cadets studying in departmental educational institutions of the Ministry of Internal Affairs of the Republic of Belarus specializing in operational investigative activities. The key definitions of vocational training are presented from various points of view. The primary requirements for the professional training of future employees of operational units are disclosed. The main tasks of professional training are formulated, the implementation of which in the educational process will contribute to its effectiveness in the process of obtaining education by students. The author's definition of professional training and the main type of professional preparedness is given – service training with its fundamental components: special, tactical, fire, physical, drill, personal and professional safety of employees.

Regarding the issue of using digital information obtained during counterintelligence and investigative activities in criminal proceedings

In this article, based on the analysis of scientific publications, the norms of the current legislation, the authors investigate the actual problems of using digital information obtained during counterintelligence and investigative activities in the criminal process. The norms of legislation in the field of ensuring state security and the Criminal Procedure Code of Ukraine regarding the possible use of digital information as evidence in court proceedings are analyzed. Scientific developments and international experience regarding the use of counterintelligence and investigative activity materials in digital form as evidence in criminal proceedings in the context of their admissibility are considered. The authors prove that the vast majority of digital information, which in the future may have evidentiary value, is obtained by conducting covert activities during the implementation of counterintelligence and investigative activities. Such digital information, according to the authors, can only serve as pretexts and grounds for starting a pre-trial investigation in criminal proceedings. The article notes that insufficient harmonization of criminal procedural legislation and legislation regulating counterintelligence and investigative activities negatively affects the effectiveness of operational units in performing their tasks. It is also noted that the further reform of the domestic law enforcement system should follow the example of leading Western countries and the USA, where the concept of “operational investigative activity” is absent at all. In most of the foreign democratic countries of the world, secret police investigation is a criminal procedural activity, which is overt and undercover procedural actions carried out under the direction of the prosecutor. The authors of the article conclude that in order to strengthen the counter-intelligence component in the activities of the Security Service of Ukraine and taking into account foreign experience in this area, it is necessary to create a separate, without reference to the requirements of the provisions of the Law of Ukraine “On Operational and Investigative Activities” and the Criminal Procedure Code of Ukraine, a mechanism for organizing and carrying out activities related to the temporary restriction of human rights and freedoms.

Regarding the classification of special technical means of covert information acquisition

Based on the analysis of current legal acts and scientific literature, the article examines the issues related to ensuring security during covert investigative (detective) actions with the use of special technical means for covert obtaining of information. At present, these issues are in demand in the context of combating encroachments on the territorial integrity or territorial inviolability of the state, in particular, those related to the full-scale invasion of the Russian Federation into the territory of our country, the number of which has been increasing in recent years. In legislative and departmental regulations and special literature, scholars and practitioners have paid sufficient attention to the issues of legislative regulation of the organisation and use of special technical means in the course of covert investigative (detective) actions.
 Thus, regulatory documents and technical support for covert investigative (detective) actions conducted with the use of special technical means do not fully meet the current operational tasks of the state law enforcement agencies. Therefore, the issue of further development and harmonisation of legislative and departmental acts, improvement and introduction of the latest technologies and modern equipment in the course of operational search, counterintelligence and investigative activities is relevant.
 In the period of transformation processes which are taking place and changing the state and legal reality of the European Community countries, which Ukraine, in particular, is trying to join, an important issue is to ensure democratic and humane principles of the State’s functioning.
 The scientific novelty of the article is the actualisation of the problems associated with the use of special technical means of obtaining information and the introduction of the author’s system of their classification in the course of covert investigative (detective) actions.

On Some Aspects of the Participation of Experts and Specialists in Criminal Proceedings in the Republic of Kazakhstan

The article considers particular reasons for the start of a pre-trial investigation, which are associated with the participation of persons having specialized knowledge in the proceedings.By using a number of methods of cognition of the circumstances of reality, the authors identify the issues that require resolution at the intersectoral level. Among the problematic aspects that cause the violation of citizens’ rights, there is a premature start of the pre-trial investigation, which is also due to the inconsistency and unreliability of the conclusions of experts and specialists involved both before and during the pre-trial investigation.To improve the studied sphere of public relations, proposals are made on overcoming of organizational and legal shortcomings of operational investigative activities, reasons for starting a pre-trial investigation, as well as filling the gaps in the current legislation, in terms of bringing experts and specialists to administrative and criminal responsibility.

On the problems of using the results of operational investigative activities in proving criminal cases

On the problems of using the results of operational investigative activities in proving criminal cases

Using a portable protected transmission software and hardware complex «pd-300» data in the control system divisions of the internal affairs bodies

The article discusses current issues related to the problem of the outdated fleet of radio communications equipment available in the arsenal of departments of internal affairs bodies, as well as the variety of technologies on the basis of which portable radio equipment is built. Currently, law enforcement agencies simultaneously use both analog and digital radio stations of FM, DMR, TETRA and APCO P25 standards. The radio communication means used are not always able to fulfill the requirements for timeliness and security of transmitted and received operationally significant information during operational investigative activities. Failure to comply with the above requirements will inevitably lead to the inability to manage units, and as a consequence to the failure of operational-search activities.

A complex of technical tools and measures designed for conducting operational-search measures in the communication networks of ministeral affairs bodies

The article discusses current issues of a holistic understanding of the system of technical means to support the functions of operational investigative measures (SORM), the possibilities of its use in various areas of operational investigative activities of the internal affairs department, as well as problems of application. The effective use of special hardware and software solutions designed to collect information from technical communication channels will greatly improve the efficiency of operational investigative activities and the detection of crimes committed using information and telecommunication technologies.

PROBLEMS OF DETERMINING THE LEGAL NATURE OF COVERT INVESTIGATIVE ACTIONS

The purpose of this article is to study the legal nature of covert investigative actions - a legal institution enshrined in national legislation in 2014, and to identify the signs by which covert investigative actions (hereinafter – CIA) can be distinguished from other operational investigative measures (hereinafter – OSA). Taking into account the peculiarities of the legal institutions of the CIA and the OSA, a question arises, the answer to which is of fundamental practical importance for distinguishing the MPM and the OSA, by defining their features and purpose. The problem of determining the legal nature is also aggravated by the fact that in the criminal procedural legislation of the Republic of Kazakhstan there is no detailed description of the algorithm of their conduct, unlike other investigative actions. This absence is due to the correlation of CIA with the institute of state secrets, the definition of which follows from the meaning of Article 1 of the Law of the Republic of Kazakhstan "On State Secrets" [1]. To fully disclose the topic we have chosen, the author used various methods of scientific cognition, which allowed not only to analyze the available points of view, but also to formulate his own conclusions and proposals, namely: the method of system analysis, the formal legal method, as well as the comparative legal method. The research presented by us will allow, based on an understanding of the legal nature of the CIA, to successfully apply it without violating the principle of legality, including when using a wide range of forms and methods of operational investigative activities when collecting evidence in criminal proceedings. This is due to the fact that, on the one hand, CIA act as a very effective mechanism for obtaining evidence in criminal cases that have a high degree of latency, and on the other hand, the use of CIA can increase the risk of violations and/or restrictions of a number of constitutional human and civil rights. Moreover, the issue of legalizing the results of the conducted CIA is acute, if they were carried out without the sanction of the investigating judge due to the presence of circumstances that do not require delay.

Evidence and proof under the French criminal procedure

This article discusses evidence under the French Code of Criminal Procedure, with its many and significant distinctive features, which are useful and curious to both theorists and practitioners alike. First, instead of an investigator, we see a forensic investigator. Secondly, the familiar concept of «investigative action» has been transformed into «judicial investigation». This had a significant impact on the rights and obligations of the participants in the process. In addition to the evidence traditionally understood in Russian jurisprudence, the Criminal Procedural Code of the French Republic also contains a list of actions that domestic jurisprudence usually refers to operational-investigative activities. This led to the emergence of unusual rights for prosecutors and judges, leading to an increase in guarantees of individual rights and freedoms. Relevant for the domestic jurisprudence of the question of evidentiary value of nonprocedural information in accordance with the Code of Criminal Procedure of the French Republic becomes not only admissible, but also attractive.

Ukrainian Experience In The Usage Of Profiling For Revealing Criminal Offenses

Profiling, as a modern technology, is widely employed in operational-investigative activities of law enforcement agencies for the detection and investigation of criminal offenses. This system, comprising social and psychological techniques, facilitates the diagnosis of personal characteristics, peculiarities of hidden motives, and the assessment of information. Moreover, it enables the prediction of scenarios, behavioral patterns, and communication styles in various situations. Criminal profiling holds particular significance in crafting a psychological portrait of a suspect involved in a series of crimes.
 However, the use of profiling in law enforcement presents certain challenges. Although a psychological profile and its utilization cannot serve as direct evidence in legal proceedings, they are successfully used in search, detective, and investigative activities to identify criminals and prevent crime. When employing the profiling technique to interact with individuals crossing state borders, operatives have the opportunity to identify criminal intentions or instances of criminal activity. Additionally, profiling can be applied to prevent illegal actions and ensure public safety at transportation infrastructure facilities and during cultural events.

Негласность как межотраслевой социально-правовой феномен

Introduction. At all times, secrecy has been associated exclusively with secrecy and criminal (political) investigation as the forefather of operational investigative activities. At the end of the XX – beginning of the XXI centuries, there appeared hypotheses about the attitude of secrecy not only to conspiracy and operational investigative activities, but also to other branches of law and areas of social life.
 The scientific and legal community discussed the problem more and more often within their community. The relevance of this study is due to the conflict of modern scientific views of the legal community on the sociolegal phenomenon of secrecy and the polemic of its attribution only and exclusively to the field of operational investigative activities. Having analyzed modern law enforcement practice and current legislation in various spheres of life, the author puts forward and substantiates the thesis about the interdisciplinary nature of the institute of secrecy.
 Methods. Methodology: the study used general scientific dialectical, comparative legal, formal logical methods and the method of content analysis. The study made it possible to identify facts and evidence of the existence and functioning of the institution of secrecy in social spheres unrelated to the ORDO and law enforcement in general.
 Results. Based on the results of his own research and the results of numerous previous scientific studies of other lawyers, the author comes to the conclusion that the socio-legal phenomenon of secrecy is objectively characteristic of many spheres of society’s activities in addition to its purely operational-investigative and law enforcement activity, which proves its interdisciplinary nature.

Chasing Yesterday: Struggle for Digitalization in Serial Violent Crimes Investigation in Russia

Mirroring the public administration digitalization trend, most Russian law enforcement agencies have either started or intensified digitalisation of their governance, criminal procedure, and operational-investigative activities. However, while setting certain rather ambitious goals, the agents of such changes at times lack, on the one hand, technical and scholar methodological issues and, on the other hand, do not pay the necessary attention to hiring skilled personnel for the divisions concerned. Those issues are especially relevant as Russian science and practice are falling behind already rather obsolete technical means in the field of quantitative analysis of data on serial violent crimes, prevention and countering of which have long been a ‘sore point’ of Russian law enforcement agencies. The author uses phenomenological approaches to the analysis of developmental patterns and digitalization of serial violent crimes investigation. Besides, the historical method and systemic approach to the analysis of regulatory acts, as well as specialised sources containing valuable information about the progress of quantitative research methodology in Russia and abroad, are used. Criminal anthropology approaches to the assessment of relevant behavioural characteristics of serial violent offenders, essential for the dataset creation process, were followed during the analysis of the methodological aspects of data collection and analysis. The records of interviews with attorneys, investigators, and employees of law enforcement higher educational institutions, conducted by the author, were also assessed. Methodological deficiency of databases containing criminological significant information about serial violent crimes, as well as the issue of the divisions responsible for detecting such crimes being under-equipped, were examined in detail in the article. The author is convinced that the system of criminal statistics in Russia is incapable of collecting and analysing quantitative data about crimes. Under such circumstances, it is justifiably questionable whether the introduction of not only artificial intelligence but also quantitative data analysis as a whole in the system of the Ministry of Internal Affairs, Public Prosecutor’s Office, and Investigative Committee of Russia will be productive.

Содействие лиц органам, осуществляющим оперативно-розыскную деятельность, как проявление социальных девиаций

Introduction. Crime, as a single personal behavioral act, and criminality, as a socio-legal phenomenon, are social deviations of individuals and groups. The state is forced to use a compulsory law enforcement apparatus to deter crime and level out its negative socio-economic consequences. In the system of the state compulsory apparatus for combating crime, the tacit assistance of persons to bodies carrying out operational investigative activities is a special, most effective and rational functional and legal instrument. Based on previous research, the author notes the unwillingness of both lawabiding citizens and representatives of the criminal environment to assist operational units. However, the determinants underlying this unwillingness are different. The author puts forward for further scientific research and discussion the hypothesis that the tacit assistance of persons to bodies carrying out operational investigative activities is the result of social deviations in the social groups under consideration. In the author’s opinion, the study of the causes and forms of these deviations from certain social norms characteristic of both (law-abiding and criminal) groups can optimize the process of involving individuals in the unofficial assistance and the fight against crime.
 Methods and methodology. The study used general scientific dialectical, comparative legal, formal logical methods and the method of content analysis. This made it possible to identify signs and forms of manifestation of deviations among persons assisting law enforcement agencies.
 Results. Based on the results of the own research and previous scientific research by other legal experts, the author comes to the conclusion that at present, the assistance of law-abiding and upstanding citizens and representatives of the criminal environment is largely determined by the deviations perceived among social groups in question. Among law-abiding citizens, deviation is expressed in a persistent unwillingness to assist law enforcement agencies in general and operational units in particular, in the presence of compassion for the direct victims of these crimes. Deviations of representatives of the criminal environment are expressed in a situational readiness to neglect corporate (subcultural) moral standards of behavior – “criminal concepts” - and provide unofficial assistance in order to achieve their own mercenary goals.

The Concept and Content of Operational-Investigative Characteristics of Illegal Consumption and Traffi cking of Narcotic Drugs and Psychotropic Substances

The authors tried to defi ne the concept and content of the operational-investigative characteristics of illegal consump-tion and traffi cking of narcotic drugs and psychotropic substances and their precursors. In the work, the author used methods of system analysis and synthesis, which made it possible to determine the key concepts used in the work. The statistical method helped to determine the relevance of the topic under consideration. The conclusions were obtained using the analysis of docu-ments and the method of expert evaluation. Based on the study of regulatory legal acts and the positions of scientists, the content of the operational and investigative characteristics of drug traffi cking has been determined. It is established that in the theory of operational-investigative activity, the operational-investigative characteristic occupies an independent place and is aimed at preventing the commission of crimes (including in the fi eld of drug traffi cking).