Operational Search Activities Research Articles

Проблемы и особенности нормативной правовой регламентации использования «документов прикрытия» в оперативно-розыскной деятельности

Introduction. The implementation of operational investigative activities by officials of operational investigative activity subjects and persons providing them with confidential assistance objectively requires the concealment of a significant amount of information about themselves, as well as about the operational investigative means and methods they use. However, the objective reality in which operational investigative activities are carried out often does not allow concealing the very fact and circumstances of its implementation. In such conditions, it is tactically more advantageous and rational to disguise the implementation of operational investigative activities under other types of social activity, using for this purpose a covert-conspiratorial toolkit, which includes the so-called cover documents – documents that encrypt the identity of officials, departmental affiliation of enterprises, institutions, organisations, divisions, premises and vehicles of bodies implementing operational investigative activities, as well as the identity of citizens providing them with assistance on a confidential basis. Russian operational-search legislation regulates their use extremely sparingly and illogically, which gives rise to theoretical and practical problems of using this functional-legal institute of operational-search activities. In this work, the author analyses the modern normative legal regulation of this sphere. Methods. The study used general scientific dialectical, comparative legal, formal logical methods and the method of content analysis. This made it possible to identify evidence of a normative legal deficit in terms of regulating the lawful and safe circulation of special chemical substances for operational-search purposes in the prevention, suppression and detection of crimes, and the search for criminals. Results. Based on the analysis of a number of federal laws, inconsistent and contradictory provisions of individual articles designed to regulate the use of cover documents by operational-search activity subjects were identified. This gives rise to a conflict of laws in their legal interpretation and subsequent implementation in practice. The study allowed the author to state a certain inadequacy of the legal regulation of the use of cover documents by operational-search activity subjects and participants and the need for the earliest possible optimisation of the regulatory system in the area under consideration in accordance with the proposed authentic approaches. In conclusion, the author formulates individual proposals for the interpretation of current legal norms and their editorial correction.

Сведения о приготовлении к преступлению как основание для проведения оперативно-розыскных мероприятий

Taking into account the doctrine of an unfinished crime, the limits of legality of conducting operational-search activities are determined on the basis of information about the signs of an unlawful act being prepared that has become known to the bodies carrying out operational-search activities, provided that there is insufficient data to initiate a criminal case. It has been established that, having confirmed the information about a person preparing to commit a crime of minor or medium gravity, further operational-search activities are illegal, since these actions are not recognized as criminally punishable, and therefore do not create the need to solve the tasks of operational-search activities. The author has found that one of the legislatively provided forms of prevention by operatives of a possible occurrence of socially dangerous harm, by persons creating conditions for committing crimes of minor or medium gravity, is the announcement of an official warning about the inadmissibility of such actions.

Legal regulation of operational-search activities: comparative analysis

The purpose of the article is to study the legal regulation of detective and investigative activities through the prism of the comparative aspect. To achieve this goal, the author used a number of scientific methods, in particular, the content analysis of professional literature made it possible to determine the positions of scholars on the problems existing in the legal regulation of operational and investigative activities. The results of the study show that in the former Soviet countries, until 1991, the problems of organisation of operational and investigative activities were not demonstrated to the public. Only with the beginning of democratisation of society did the regulation of detective and investigative activities become more public, and the relevant clearer legislative norms were established. It is important that the legal acts regulated the process of operational and investigative activities in accordance with the observance of citizens' rights. It is established that in world practice, the results of operational and investigative activities are introduced in accordance with a court decision. The author concludes that similar systems of interaction are used in many European countries which pay great attention to establishing cooperation between law enforcement agencies.

Does a lawyer need artificial intelligence?

According to the labyrinths of legal science, forensic science, criminal procedure, criminal law, judicial expertise, operational-search activity, and other legal sciences are generally considered applied in relation to natural and exact sciences. However, practice shows that legal professionals often successfully and productively utilize discoveries and developments from physicists and mathematicians, frequently developing and refining them to a level that surpasses the initial knowledge. Creativity is the foundation of human existence; creativity cannot be forbidden. Undoubtedly, lawyers, as the best representatives of legal professions, will contribute to the development of AI, where the main aspects are seen as systematic and consistent approaches.

К вопросу о целесообразности введения учебной дисциплины «Основы оперативно-розыскной деятельности» в учебные планы подготовки юристов и специалистов для правоохранительных органов

Target: a study of historical aspects and the current state of teaching a course on operational investigative activities. The article examines the positive aspects and disadvantages of organizing the educational process in forty universities in the country in the field of study 40.03.01 Law and specialties 38.05.01 Economic security, 40.05.01 Legal support of national security, 40.05.02 Law enforcement, 40.05.03 Forensic examination, 40.05 .04 Judicial and prosecutorial activities. Methodology: dialectics, analysis, comparisons, generalizations. Conclusions. The authors substantiate the need to introduce the discipline “Fundamentals of operational-search activity” into the curricula of “civilian” universities. Scientific and practical significance. Based on the study, justifications are given for including the course in the curricula of universities for the training of lawyers and specialists for law enforcement agencies, which will contribute to the further development of the theory of operational intelligence in its open part and the training of qualified personnel for the bodies of the Ministry of Internal Affairs, the Federal Penitentiary Service, and the Federal Bailiff Service of Russia.

Participation of Minors in Operational Search Relations

Statistics on juvenile delinquency indicate that over the past decade, the level of serious and especially serious crimes committed by these individuals has remained relatively stable. In such a situation, the important tasks of law enforcement agencies are the timely detection and suppression of crimes committed by minors and their removal from the criminal environment through individual prevention. Effective solution of these tasks is impossible without the implementation of operational investigative activities. In this regard, a study was carried out regarding participation of minors in operational search relations in two main roles: as persons providing assistance to subjects of operational search activities and as objects of operational search activities. Within the framework of the first direction, legislative regulation of the conditions for the provision of assistance to minors is proposed: written consent of legal representatives and minors themselves, if they have not reached the age of 16; ensuring the safety of minors by employees of the operational unit; the introduction of additional safeguards for the assistance of minors. Within the framework of the second direction, proposals have been prepared concerning the conditions for conducting operational investigative measures against persons under the age of criminal responsibility. The issue of the need to involve legal representatives and teachers in conducting a public survey of minors was also raised for academic and practical discussion.

Theoretical and General Philosophical Foundations Operational and Investigative Support of Criminal Prosecution.

This article is devoted to a comprehensive analysis of theoretical and general philosophical foundations of operational and investigative support of criminal prosecution. Various aspects of this activity are considered, including philosophical concepts, theoretical approaches, ethical aspects, epistemological and axiological foundations. The paper provides an overview of the contribution of Soviet, Russian and Central Asian scientists to the development of the theory of operative-search activity. Special attention is paid to the concept of V.A. Lukashov, who expanded the understanding of operational and investigative support to the entire system of law enforcement agencies. The study relies on a number of methods, including dialectical, hermeneutic, system analysis and comparative approach. As a result, the concept of the philosophical and legal foundations of operational and investigative support is formulated, key theoretical approaches to its understanding are identified, a system of ethical principles is developed and an epistemological model of information acquisition is proposed. Operative and investigative support is considered as a complex phenomenon that integrates elements of various philosophical concepts and legal theories. The importance of the balance between public safety and protection of individual rights is emphasized, as well as the necessity of constant rethinking of ethical principles in the context of society and technology development. The article analyzes informative-cognitive, preventive-prophylactic, procedural-security and other approaches to the understanding of operational and investigative support. The issues of integration of operational and investigative support into the system of social control and crime control are considered. Special attention is paid to the influence of technological progress on the development of methods and means of operative-search activity. The conclusion is made about the need for continuous theoretical understanding and practical improvement of operational and investigative support of criminal prosecution in the context of changing social, technological and legal realities.

ОСНОВНЫЕ МЕРЫ ПРЕДУПРЕЖДЕНИЯ ЦИФРОВОЙ ПРЕСТУПНОСТИ

The article presents a general description of the main measures to prevent digital crime. According to the authors, digital (cyber) crimes should include all types of criminally punishable acts committed using modern digital technologies. And since digital technologies are widely used in everyday life, the risk of becoming a victim of a digital crime increases significantly. That is why, in the modern pe-riod of society's development, it is very important to pay attention to the prevention of digital crime. The authors emphasize that the prevention of digital crimes is based on the regulatory regulation of relations in the field of digital technologies. Relying on the current legislation, the subjects of preven-tion ensure the prevention of cybercrime. In the fight against digital crimes, the institute of infor-mation and analytical support is of great importance, which is not limited only to the use of mass me-dia and the Internet. Information and analytical support also involves the use of various information databases, various software aimed at timely receipt of operationally relevant information necessary for the successful prevention and suppression of digital crimes committed. The prevention of digital crime is impossible without carrying out various operational investigative measures carried out by employees of operational units. Engaged in the suppression and disclosure of cybercrime, employ-ees of these units implement the law enforcement function of the state. At the same time, the opera-tional units of the internal affairs bodies have at their disposal both public (open) and secret methods of conducting operational search activities. At the end of the study, the authors emphasize that the suppression and disclosure of digital crimes is multifaceted. Only an integrated, comprehensive approach to the prevention of digital crime can bring effective results and reduce the indicators of this type of crime.

The main directions of the operational search activity “Making inquiries” in the identification and disclosure of crimes committed using the Internet

The main directions of the operational search activity “Making inquiries” in the identification and disclosure of crimes committed using the Internet

IS PROVOCATION LEGAL?

The article deals with the problem of judicial practice — the lack of proper understanding by judges of the prohibition: to incite, incite, incite in direct or indirect form to commit illegal actions (provocations), which imposes an obligation on the courts to verify the legality of conducting an operational search event. This ban was introduced into the law "On Operational Investigative Activities" 12 years after its adoption. It can be assumed that it was the numerous abuses of law in the form of provocation under the "flag" of the operational search activities that forced the legislator to make such an addition. Significant additions of a procedural nature have been made to the substantive law, requiring mandatory verification by the inquirer, investigator, prosecutor, court, and the legality of the operational search activities, but these additions have not corrected the established investigative or judicial practice. This state of affairs, according to the author, is caused by a misunderstanding by judges of the purpose of criminal proceedings, enshrined in Article 6 of the Code of Criminal Procedure, in which there is no place for accusatory bias, but it is this "bias" that does not allow to see in a person (both offended and offending) human, is the main reason for cases of conviction of an innocent person in judicial practice.

Конфискация имущества как мера противодействия незаконному обороту наркотических средств, психотропных веществ или их аналогов

Financial University under the Government of the Russian Federation, LL.D., Professor, Honored Lawyer of the Russian Federation Purpose: to consider the institution of confiscation of property as another measure of a criminal law nature, and to show the practice of using this criminal law institution in cases of illegal trafficking of narcotic drugs, psychotropic substances or their analogues. Research methods: comparative legal, dogmatic, analysis of judicial practice. Conclusions: based on the analysis of the provisions of Chapter 15.1 of the Criminal Code of the Russian Federation and Article 81 of the Criminal Procedure Code of the Russian Federation, it is shown that the legal basis for confiscation of property in cases of illicit trafficking in narcotic, psychotropic substances or their analogues is interdisciplinary in nature. It is noted that if the property has the properties specified in paragraphs “a”-“d” of Article 104.1 of the Criminal Code of the Russian Federation, the court is obliged to make a decision on the confiscation of such property. When planning opera-tional search activities and investigative actions, it is necessary to pay special attention to providing evidence of the connection of the property subject to confiscation with a specific crime. Scientific and practical significance: the legal nature of confiscation of property as another measure of a criminal nature is revealed, its place in the system of similar institutions is indicated, the specifics of the implementation of the provisions of Chapter 15.1 of the Criminal Code are indicated by the example of court decisions on specific cases. Disputes about the ownership of confiscated property to persons not involved in crimes may be resolved at the stage of execution of a court verdict, including in court.

ЗАСТОСУВАННЯ МЕТОДІВ ШТУЧНОГО ІНТЕЛЕКТУ В АНАЛІЗІ ДАНИХ МОБІЛЬНИХ ПРИСТРОЇВ ДЛЯ ВИЯВЛЕННЯ ПОТЕНЦІЙНО НЕБЕЗПЕЧНИХ ОСІБ

The methods for identifying persons of interest (POI) based on mobile device data has been considered. The problem is relevant and unresolved in the activities of law enforcement intelligence and other agencies involved in operational search activities due to the large amount of data stored on mobile devices. Given the complexity and volume of mobile data traditional analysis methods are often insufficiently effective. The authors propose use of artificial intelligence (AI) including machine learning and natural language processing to improve the efficiency and speed of mobile device data analysis. This approach aims to overcome the limitations of manual data analysis and enhance the process of identifying POIs while adhering to the principles of forensic integrity. The research specifically demonstrates how machine learning can be utilized to search for persons of interest in WhatsApp messenger data. A method has been developed for decentralized control of adaptive data collection processes using the principle of equilibrium and reinforcement learning using the normalized exponential function method. The developed method allows for efficient operation of autonomous distributed systems in conditions of dynamic changes in the number of data collection processes and limited information interaction between them. The results of the experiment indicate that using artificial intelligence for facial recognition may result in false positive outcomes implying that humans cannot be entirely replaced at the current stage of AI evolution. However the application of deep learning showed an 88% success rate in facial recognition. These findings underscore the transformative potential of artificial intelligence in mobile forensics highlighting its capacity to enhance the accuracy and efficiency of data analysis in mobile devices. Key words: artificial intelligence mobile forensics data analysis ios whatsapp

Организация информационно-аналитического обеспечения оперативно-розыскной деятельности органов внутренних дел по розыску лиц, пропавших без вести, в условиях контртеррористической операции и вооруженных конфликтов

The planning and implementation of operational search activities play a pivotal role in the search for missing persons amidst counter-terrorist operations and armed conflicts. Key to these efforts is the utilization of data that can aid in the identification or recognition of the missing individual. Such data includes physical descriptions in the form of verbal portraits or photographic impressions, basic identifying information, fingerprint cards, and handwriting samples. These pieces of information serve to individualize the sought-after person and can be instrumental in their identification. The establishment of new databases of operational search information, including databases of genomic codes of individuals, could prove to be a valuable tool in obtaining information about unidentified bodies and linking them to missing persons. However, the implementation of such databases raises a number of technical, legal, and ethical issues that must be considered. This article aims to examine the specifics of organizing information and analytical support for the operational activities of internal affairs bodies in the search for missing persons in conditions of counter-terrorist operations and armed conflicts, utilizing available resources accessible to operatives. In conclusion, the effective organization of information and analytical support is paramount in facilitating the search for missing persons within the challenging contexts of counter-terrorist operations and armed conflicts. Leveraging various data sources, including physical descriptions and emerging technologies like genomic databases, offers promising avenues for enhancing identification processes. However, the integration of such resources necessitates careful navigation of technical, legal, and ethical considerations. By addressing these complexities, internal affairs bodies can optimize their operational efforts and contribute significantly to resolving cases of missing individuals amidst complex security environments.

Consideration of Petitions for Permission to Cancel a Decision to Terminate a Criminal Case or Criminal Prosecution

The article presents the results of an analysis of court decisions related to the application of the rules governing the judicial procedure for obtaining permission to cancel decisions to terminate a criminal case and criminal prosecution after one year from the date of their issuance (Part 1.1 of Article 214 and Article 214.1 of the Code of Criminal Procedure of the Russian Federation). Particular attention is paid to the courts’ interpretation of the grounds for granting a petition for permission to cancel decisions to terminate criminal prosecution, and their understanding of “new information that is subject to additional investigation”. Specific examples from judicial practice show the motives for judges making relevant decisions. The issue of the admissibility of the results of operational-search activities as “new information” indicating the need to resume the criminal prosecution of a suspect or accused is specifically highlighted and considered.

О некоторых вопросах и результатах сотрудничества органов внутренних дел Российской Федерации и Республики Беларусь в сфере разыскной деятельности

The article shows the prerequisites for cooperation in the field of investigative activities of the internal affairs bodies of the Russian Federation and the Republic of Belarus, reveals specific forms of interaction in cooperation in the field of investigative activities, including: the exchange of operational reference, search, fingerprinting, forensic and other information that helps to establish the location wanted persons, detention of criminals; joint participation in search activities; sending employees of the internal affairs bodies of the state initiating the search to the state on whose territory the wanted person may be located to exchange information and be present during operational search activities; and others. A conclusion is drawn about significant prospects for the considered area in the fight against crime.

Covert procedural means of investigator`s cognitive activity

The article deals with the problematic issues of regulatory framework for covert procedural means of investigator’s cognitive activity. It is emphasized that operative-search activities and covert investigative (search) actions have the same cognitive focus, but are regulated by different legislative acts. Covert investigative (search) actions are regulated in more detail than operational search activities which are carried out in accordance with the Criminal Procedure Code of Ukraine. It was determined that, despite the identity of covert means of knowledge, there is an epistemological contradiction, when the investigator cannot conduct covert investigative (search) actions, which are analogs of operational investigative measures, which can be implemented before entering the relevant information into the Unified Register of Pretrial Investigations, before the start of the pre-trial investigation. In addition, there are often cases when the investigator does not conduct covert investigative (search) actions on his/ her own, citing a heavy workload, which reduces the effectiveness of cognitive actions in the process of detection and investigation of criminal offenses. Other problematic aspects that exist within the provisions of the current operational and investigative legislation, as opposed to the criminal procedure law, are also noted. The greatest threat of imperfect regulatory regulation is the difficulty of further use of the materials of operational and investigative activities in the course of procedural proof. Therefore, it is considered a rational decision to provide for the possibility of covert investigative (search) actions by investigators before entering information into the Unified Register of Pretrial Investigations. According to the results of the study, it is noted that for the effective fulfillment of the tasks of criminal proceedings, as well as for the proper observance of human rights, freedoms and legitimate interests, the provisions of the criminal procedure law seem to be more favorable in terms of regulating the covert means of investigator’s cognitive activity.

Application of forensic analysis methods in the field of investigation of recruitment of people for sexual slavery abroad

The article is dedicated to the analysis of the human trafficking problem, with a focus on sexual exploitation as one of the main forms of this crime. The author examines this issue from various aspects, particularly through the lens of statistical data, legislative norms, and investigative methods. Special attention is given to the situation in Ukraine, where human trafficking, exacerbated by the full-scale war with Russia, remains an extremely relevant and complex problem. Prior to the conflict, Ukraine ranked 49th among 167 countries in the prevalence of modern slavery. However, due to recent events, the scale and prevalence of this crime have significantly increased. Utilizing statistical data from the National Police of Ukraine, the article points out the high latency of this crime and the significant proportion of sexual exploitation among human trafficking cases. In the context of legal regulation, the author analyzes international and national normative acts that prohibit slavery and human exploitation. In particular, attention is drawn to Article 4 of the Universal Declaration of Human Rights and the relevant articles of the Criminal Code of Ukraine. The article describes how human trafficking is conducted both at the national and transnational levels, with an emphasis on the difficulties of detection and investigation of such crimes due to their hidden nature. It is noted that the investigation of such crimes requires the use of two methods of inquiry: information from witnesses and victims, which can be less effective, and data from operational-search activities, which provides maximum efficiency. For investigating offenses related to sexual exploitation abroad, criminal analysis methods are used, including the analysis of connections, events, departmental, and open-source information. The author emphasizes the importance of using innovative technologies, particularly artificial intelligence and multimodal models based on machine learning, for more effective detection and counteraction of the crime of human trafficking. It is underscored that such technologies can complement traditional investigative methods, providing the ability to better analyze collected information and identify potential victims and criminals. The author of the article calls for attention to and resolution of the human trafficking problem in Ukraine and emphasizes the necessity of adhering to international and internal norms to combat this crime.

Professor V.V. Ignatenko — a Scholar, a State man, a Mentor

The article is dedicated to the jubilee of the Honored Lawyer of the Russian Federation, Doctor of Law, Professor, Rector of Baikal State University V.V. Ignatenko, widely known in the scientific community. The contribution of Professor V.V. Ignatenko as a prominent state man, a scholar and a mentor in the development of legal thought is shown. Readers are introduced to the biography of the hero of the day, with the results of his scientific, pedagogical and professional activities. The results of Viktor Vasilyevich's scientific research are of interest to specialists in the field of not only constitutional, electoral and administrative law, but also criminalistics, operational-search activities, criminal law, criminology, penitentiary law, theory and history of state and law. The development of Baikal State University after the taking up of V.V. Ignatenko the post of rector is shown, his desire to preserve classical university traditions and ability to arouse the love of science among his pupils and associates is highlighted

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.

To the discussion about legal means of ensuring secret in operational-search activities

This article examines the demand for additional legal instruments to ensure operational secrecy in law enforcement agencies. It identifies certain inconsistencies and gaps in the current regulatory framework, calling for improvements to consolidate both public and intra-departmental instruments into a unified legal framework. The study aims to confirm the hypothesis that enhancing the legal provisions governing operational secrecy will contribute to the effectiveness of law enforcement operations.The research employs a comprehensive analysis of existing laws, regulations, and practices related to operational activities. It explores the concept of operational secrecy and highlights the need for a coherent understanding of this legal category. Furthermore, it emphasizes the significance of confidentiality in operational activities and the associated challenges of regulating specific methods and techniques, considering their unique and dynamic nature.The findings reveal two key directions for the further development of operational secrecy instruments. Firstly, the article argues that publicly disclosing detailed information regarding the essence, specific instruments, and methods employed in operational activities would be counterproductive and undermine operational effectiveness. However, it also recognizes the necessity of harmonizing the understanding and application of operational secrecy by providing a clear legal definition within the legislation governing operational and investigative activities. Therefore, it proposes amending the relevant provisions of the Law “On Operational and Investigative Activities” to encompass a comprehensive legal framework for operational secrecy.Secondly, the research highlights that information regarding overt operational and investigative measures and their contents may indirectly or directly expose the interests of law enforcement agencies, reveal their tactics for gathering information, and compromise the effectiveness of their efforts to detect, prevent, and deter criminal activities and threats to national security. While administrative liability currently applies to breaches of emerging “operational secrecy”, violations of the “secrecy of investigation” fall under criminal liability, including imprisonment. Moreover, in certain cases, criminal liability exists for breaches of information protection rules even in the civil domain. Consequently, the article suggests exploring the balance between the level of responsibility and the potential damage caused to societal interests when imposing liability for breaches of operational secrecy.To address the identified challenges, one potential solution could be the codification of operational and investigative norms. Such an approach would not only provide a systematic and structured presentation of laws governing operational activities but also facilitate logical and consistent links between the discussed legal framework and related branches of law.In conclusion, this study underscores the importance of additional legal instruments to safeguard operational secrecy in law enforcement agencies. It calls for improvements in the current legal framework, emphasizing the need for a unified and comprehensive legal approach. By confirming the research hypothesis, this article provides valuable insights into enhancing operational secrecy and its implications for the effectiveness of law enforcement operations.