Operational Search Activities Research Articles

Some Questions of Detecting and Researching Computer Information in Solving and Investigating Crimes

The author examines the questions of detecting and researching computer information as part of investigative actions and operative search activities. The author also discusses the problems of insufficient availability of equipment and software in operative, investigation and criminalistics divisions, and concludes that modern program-apparatus complexes make it possible to conduct a high-quality examination of computer and other electronic devices and to safely extract the necessary information. The specific features of obtaining computer information with the help of program-apparatus complexes are determined. The author also outlines some typical characteristics of the actions of a specialist during the examination of computer devices. It is stated that the computer technology specialist is a person with specialized knowledge who helps the investigator in the examination of electronic devices. This person has the knowledge and skills of using special apparatus complexes. It is also stressed that the investigator independently directs the course of investigative actions and is responsible for the results of the examination.

Прокурорский надзор за оперативно-разыскной деятельностью

The article is devoted to a topic relevant to the theory of both prosecutor’s supervision and operational-search activities. Supervision of operational-search activities as an independent direction of the prosecutor’s office took shape about 30 years ago, after the adoption of the Federal Law “On operational-search activities”. During its existence, a certain practice of applying legislation in the field of prosecutor’s supervision of operational-search activities has been formed and developed. Prosecutor’s offices at all levels have developed certain ways of organizing prosecutor’s supervision of operational-search activities. However, it should be noted that the significance of this area of prosecutor’s supervision has so far been underestimated. The attitude to such a branch of prosecutor’s supervision as secondary and not important, firstly, entails a decrease in the effectiveness of the implementation of the tasks set for operational-search activities, and, secondly, violations of the rights of citizens in carrying out operational-search activities. The existing departmental regulations of the Prosecutor General’s Office of the Russian Federation directly or indirectly establish requirements for strengthening supervisory measures for operational-search activities. At the theoretical level, there are unresolved issues that require a non-trivial approach to resolving them. The views of scientists on a number of issues that need to be resolved generally coincide. The article focuses on a number of significant issues, the resolution of which directly depends on the correctness of the formation of law enforcement practice of prosecutorial supervision of operational-search activities. The author provides concrete examples confirming the unresolved issues raised in the article. In conclusion, general conclusions are made on this topic.

Improvement of a prosecutor’s participation in the conducting operative search cases by the units, that conduct operative search measures

In the course of normative-legal improvement of operative search activity (further OSA) role of the Prosecutor’s Office should be extended with processual supplement of operative search cases. It would be wise to attach in the law a provision that would oblige the heads of operational units in case of fixation operational and investigative measures information about the preparation or commission of a criminal offense, immediately notify the prosecutor (who oversees compliance with the law during operative and search activities) for the acceptance the decision about making changes to the Unite register of Pre-Trial investigations (URPI).
 For a prosecutor (who is informed with the operative search case since the moment of its creation) it would be much easier to find existence or absence the signs of criminal in given materials of OSA and to accept the right decision. For the investigator or processual head who do not have access to the case it would be much harder.
 The proposed changes will significantly reduce the time required for the prosecutor to make a decision on the registration of information in the URPI. Also they will have an influence on quality of information and acceptance of right processual decisions including right chose of body of Pre-Trial investigation.Except that due to the mentioned before causes the prosecutor who conduct the observation of legality during OSA should be appointed as processual head or included in the group of processual heads in case if according to the criminal proceedings some information is enrolled to the URPI. Due to the fact that the relevant law provides for the supervision of prosecutors over the observance of laws by the bodies, that make OSA and according the norms and rules mentioned in the law of Ukraine about operative search activity it is necessary that proposed changes were made directly in the law, that regulate OSA.
 It would be reasonable to anticipate in the Law of Ukraine about operative search activity that in order to prevent the simultaneous conducting of operational and search measures that partially restrict the human rights of one person by different subjects of operational and investigative activities, the Office of the Prosecutor General may maintain a secure register of operational proceedings.

Problems of the Realization of the Right of the Suspect or the Accused to Learn about the Composition of the Investigative-Operative Group as the Violation of the Procedural Right to Defense in Criminal Proceedings

The article is devoted to the issue of the realization of the right of the suspect or the accused to know what employees of the preliminary investigation and operative investigation bodies compose the investigative-operative group responsible for the preliminary investigation on the criminal case. It is shown that uses of the criminal procedure legislation of the Russian Federation provide in sufficient regulation of the work of the investigative-operative group in criminal proceeding, the opinions and positions of different scholars regarding the concept and the organizational procedure of investigative-operative groups are presented. The author identifies the priorities regard in the violate on soft he procedural right of the suspect or the accused to protection in criminal proceedings, which are connected with the fact that these participants of criminal proceedings do not have the procedural opportunity to learn about the composition of the investigative-operative group involved in investigative actions and operative search activities on the criminal case. The author also presents some provisions for the improvement of criminal procedure legislation by supplementing the norms which regulate the opportunity, provided for by criminal procedure law, for the suspects and the accused to learn about the composition of the created investigative-operative group.

Istoriko-pravovaya osnova organizacii operativno-rozysknoj deyatel'nosti v sfere zashchity nravstvennosti (IX — nachalo XX v.)

The article is devoted to the consideration of the legal basis for the organization of operational-search activities in the field of moral protection, which existed in domestic legislation in the period from the 9th to the beginning of the 20th centuries. The role of operational-search activity as an organizational form of state-legal protection of morality is substantiated. A conclusion about the historically inherent relationship between operational-search activity and state-legal protection of morality is substantiated.

The Concept and Types of Preliminary Analysis of Material Traces, their Legal and Forensic Aspects

The paper deals with the theoretical problems of understanding preliminary forensic analysis of material traces, their distinguished types, technological essence, goals, objectives, as well as the subjects of these studies. Based on an analysis of modern forensic and legal literature, the author concludes that preliminary forensic analysis is undoubtedly non-procedural in nature and is carried out on the basis of special knowledge, relevant technical and forensic tools and methods, and information support. These are applied both in an inspection of the scene and other investigative actions in non-laboratory (field) conditions, and in laboratory conditions on the basis of a written task of the body of inquiry, empowered to carry out operational-search activities. It is also carried out when checking objects for forensic records in order to obtain guiding information about the relevance of the objects under study, their characteristics used to identify the persons involved in the criminal event, the mechanism of trace formation, crime instruments, other items and substances that are important for the detection and investigation of crimes. The paper emphasizes that at present only an expert (forensic specialist — for objects of traditional forensic research, other specialists — for objects of non-traditional research) can be a subject in the field of technology for the direct conduct of all types of preliminary forensic research. At the same time, the methodological support of these studies has a simplified (lighter) design in comparison with the methods of expert conclusions.

Theoretical and Legal Problems in the Sphere of Operative Search Activities

In terms of the general theory of state and law, there is a number of problems in ensuring national security within the framework of the goals and tasks of operative search activities of internal affair’s departments. They include insufficient use of dialectic, systemic, functional, structural, specific historical approaches in modern research, and the analysis of the “security” category in isolation from the theory of social systems and the theory of management. The question of judicial technique is still relevant in connection with how accurately the concept of “security” is reflected in legislation, its distinction from similar legal concepts, the identification of its place in the system of Russian law, correlation between security and other functions of law, and a clear definition of the key principles of ensuring security. The doctrinal and normative solution of these problems will be relevant for teaching future lawyers such subjects as “Basics of the Theory of National Security”, “Operative Search Activities”, and other legal disciplines, it will also help specify the role and significance of operative search activities in the implementation of such a function of the Russian state as crime counteraction.

FEATURES OF THE INVESTIGATION OF CRIMINAL CASES OF TERRORISM

The article is devoted to the consideration of the procedure for investigating crimes of a terrorist nature, identifying the features of conducting both individual investigative actions at various stages of the preliminary investigation, and their complex, as well as carrying out the necessary operational-search measures. When describing the procedure for carrying out the necessary investigative and other procedural actions based on the materials of the audit, as well as during the preliminary investigation in criminal cases of a terrorist orientation, the author analyzes the norms of the current Criminal Procedure Code of the Russian Federation and investigative practice. The criminal procedural problems arising in the investigation of crimes of this category are singled out, as well as the author's proposals for their solution. The content of the article has a practical orientation. The article uses the legal provisions of various legal sciences: criminal procedure, criminalistics, the theory of operational-search activity. When writing the article, empirical and theoretical methods of cognition were used, such as analysis, synthesis, observation, and others, general scientific and special methods. The scientific novelty of the article lies in the fact that the author, based on the study and analysis of investigative practice in the investigation of criminal cases of a terrorist orientation by the Federal Security Service of the Russian Federation, highlights the investigative-tactical and criminal procedural features of the preliminary investigation in criminal cases of a terrorist orientation. They can be applied both during the investigation as a whole, and in terms of tactics, procedural order, and the production of individual investigative actions. The problems arising at the practical level during the investigation of these criminal cases are indicated. In the article, the author draws attention to the fact that for effective, high-quality and quick investigation of criminal cases of this category, investigators need to carefully plan the investigation of both the criminal case as a whole and individual investigative and other procedural actions. The author also emphasizes the role of the investigator in assessing the materials of the pre-investigation check and in carrying out certain investigative actions at the initial stage of the investigation. Based on the study of practice, specific recommendations have been developed for choosing the optimal solution to emerging problems.

ВОПРОСЫ ЭФФЕКТИВНОСТИ УГОЛОВНОГО ПРАВОСУДИЯ

The article examines the theoretical and applied aspects of certain problems of criminal proceedings, which have the most common characteristics in most post-Soviet states. The article examines such significant factors that affect the effectiveness of criminal procedural control over crime and the observance of the rights, freedoms and interests of the individual, such as the recent changes in the socio-economic and spiritual and moral foundations of society, structural and dynamic indicators of crime. The author’s position on the need for active formation of key institutions of civil society and the use of their potential in combating crime is stated. The issue of revising the system of criteria for assessing the results of the activities of law enforcement and judicial bodies, expanding and deepening scientific and practical research on the problems of guaranteeing the rights and interests of participants in criminal proceedings was considered. The question of how the authorities organize and ensure the functioning of the law enforcement system, which directly carries out activities to supervise the implementation of laws, by all participants in the process of combating crime, to investigate committed crimes, to conduct operational-search activities to identify, disclose and prevent impending crimes, as well as for the execution of sentences and the re-education of criminals were studied.

Proper Understanding of the Results of Operational-Search Activities as the Key to Solving the Problem of their Use in Proving in Criminal Cases

The authors continue the cycle of their joint research related to the problems of using the results of operational-search activities in proving criminal cases. Based on general methodological approaches to the essence of proof, the results of operational-search activities are examined in the epistemological aspect, namely, as information products that are of great cognitive value for the needs of law enforcement practice. At the same time, attention is drawn to the legal uncertainty of the category «results of operational-search activities» that is caused by the mixing of all items, documents or information obtained by operational-search means, into a single array, regardless of the methods of origin, that is, specific forms of cognitive interaction of law enforcement officers with different sources of information.In this regard, the conclusion is drawn that the criminal procedural doctrine and criminal procedural legislation need their own (sectoral) narrower understanding of the results of operational-search activities as certain information products to be used by an inquiry officer, investigator, judiciary, and, if necessary, by other participants in a criminal case to ensure the possibility of correct application of the criminal law and resolution of a number of related issues.It is substantiated that such an approach requires introduction into law enforcement practice of criteria that make it possible to single out the results of operational-search activities in the criminal procedural sense from a variety of other information obtained by law enforcement officers in the course of operational-search activities, namely: a) their irreproducibility, i.e., impossibility of re-obtaining the relevant information by the investigator and (or) the court; b) potential verifiability for legal goodness through the criminal procedural toolkit. Based on the foregoing, the authors’ definition of the results of operational-search activity in the criminal procedural sense is formulated.

To the issue of the need for limited participation of juvenile units and district police officers in the operational search activities

To the issue of the need for limited participation of juvenile units and district police officers in the operational search activities

Detention and inspection of persons during operational search activities

Detention and inspection of persons during operational search activities

Проблемы оценки и использования результатов оперативно-розыскной деятельности в процессе доказывания

The process of proof is the central link around which criminal proceedings are built. The event, the circumstances of which are to be established, took place in the past, and it is impossible to reproduce it in all details in the present. But, as you know, every crime leaves traces. Evidence is material and ideal traces that appear in the objective world and which must be collected, verified and evaluated in order to properly consider and resolve the case. At present, the subjects of proof make a large number of mistakes, as a result of which the evidence is recognized as inadmissible, which sometimes entails a review of the court decision and the re-qualification of the actions of the guilty person, thus at the present stage, a close and comprehensive study of the problem is required in connection with the relevance of existing issues (problems), requiring solutions in order to eliminate gaps in the criminal procedure legislation and bring to the uniformity of practice. So, for example, the activities of employees engaged in operational-search activities are an invaluable source of data aimed at assisting in the collection of evidence, and is also often the starting point in the activities of the investigator, interrogating officer. The procedure for the procedural registration of the results of operational-search measures, the procedure and conditions for using them as evidence should be regulated by the criminal procedure legislation. The actual problems of using the results of operational-search activity in proving in criminal cases are considered. The analysis of legislation, judicial practice and opinions of procedural scientists on this issue was carried out. Particular attention is paid to the problems of legalizing the results of operational-search activities in the framework of procedural evidence in a criminal case. The ways of solving the studied problems are proposed.

Проблемные вопросы надзора органов прокуратуры за соблюдением законов в оперативно-розыскной деятельности

The article deals with the problematic issues of the implementation by the prosecutor'sofficeofsupervision over the observance of laws in operational-search activities, as well as its improvement. Thepurposeof the work is to reveal these problems and ways to resolve them, as well as to justify measures tostrengthenthesupervision of the prosecutor's office over the rule of law in this area. The concept and place of supervisionaredefined, the powers of the prosecutor in the exercise of supervision are established. The mainviolationsthat occurduring the implementation of this activity are identified, and recommendations are givenfor their elimination.Analyzed various acts of prosecutorial response as legal means in identifying, eliminatingandpreventingviolations. The result of the study is the conclusion that it is necessary to improve the supervisionof theprosecutor'soffice over compliance with laws in operational-search activities due to existing problems, as well astoamendthelegislation.

ЩОДО ВИЗНАЧЕННЯ ПОНЯТТЯ ТА ЗМІСТУ ОПЕРАТИВНО-РОЗШУКОВОГО ЗАБЕЗПЕЧЕННЯ... РЕАЛІЗАЦІЇ КРИМІНАЛЬНИХ ПРОЦЕСУАЛЬНИХ ГАРАНТІЙ СТОРОНИ ОБВИНУВАЧЕННЯ

One of the priority areas of Ukraine’s development as a state governed by the rule of law is the protection of the legitimate interests, rights and freedoms of man and citizen. Law enforcement agencies, special services, courts are the key institutions on whose activities the protection of the rights, freedoms and legitimate interests of citizens, security and law and order depend. The level of law and order in the state and society depends on the strict observance of the current legislation by the mentioned institutions. In this context, the strict observance by investigators, operatives and the court of the norms of the legislation regulating the conduct of covert investigative actions, in particular a special investigative experiment, acquires special significance. The purpose of the article is to determine the permissible limits of behavior of an investigator or operational officer during a special investigative experiment. The study shows the significant shortcomings of current legislation governing the conduct of a special investigative experiment and the practice of its application. As a result it is offered: 1. Given that a special investigative experiment is carried out on crimes that are being prepared or committed, as well as the practical impossibility of distinguishing between conditions that should contribute to the manifestation of existing intentions of the object of the case and conditions that contribute to the formation of such intentions and their implementation active actions to create conditions conducive to the development of a crime or the formation of criminal intent. 2. Since the experiment differs from observation by active interaction with the object under study, the very concept of «special investigative experiment» and its definition are given in the Instruction on the organization of covert investigative (search) actions and use of their results in criminal proceedings. It is proposed to replace the term «special investigative experiment» with the term «special investigative control» or «passive investigative experiment» and define it as observation of a person whose actions show signs of a serious or especially serious crime in order to verify the real intentions of such person and obtain information and documents relevant to the pre-trial investigation. 3. Concerning a special investigative experiment in the understanding of the Instruction, ie regarding active actions to create conditions that contribute to the development of certain events. Such methods of operative-search or counter-intelligence activities, as shown above, are quite acceptable and, under certain conditions, are effective means of detecting and preventing crimes. However, their results cannot be used as evidence in criminal proceedings. This is not a criminal procedure, it is an operational search or counterintelligence activity. With this content of these measures, it is necessary to abandon the concept of «special investigative experiment» and return to the concept of «operational experiment», which should be applied and defined in departmental regulations. suspect on behalf of the investigator, prosecutor; implementation of a complex of measures for operative and investigative support of criminal proceedings. Operational investigative provision of criminal procedural evidence affects guarantees of human rights both in operational investigative activities and in criminal proceedings. It is proved that the successful investigation and disclosure and investigation of any crime can be carried out only under the conditions of its organizational-tactical operational-search support. It is justified that, based on the fact that in the course of operational-investigative measures during the operational-investigative implementation of criminal procedural guarantees of the prosecution, human rights are often violated, there is a need to strengthen their guarantees both in ORD and in pre-trial proceedings and, in particular, due to the strengthening of departmental and judicial control and prosecutorial supervision of operational investigative activities and pre-trial proceedings.

ОСОБЕННОСТИ ПРОВЕДЕНИЯ ОПЕРАТИВНО-РОЗЫСКНЫХ МЕРОПРИЯТИЙ ПРИ ПОЛУЧЕНИИ ИНФОРМАЦИИ О ПРЕСТУПЛЕНИЯХ, СОВЕРШЕННЫХ С ИСПОЛЬЗОВАНИЕМ КРИПТОВАЛЮТ И ДРУГИХ ВИРТУАЛЬНЫХ АКТИВОВ

The article reveals the issue of conducting operational investigative measures when obtaining information about crimes committed using cryptocurrencies and other virtual assets. As is known, the main tasks of the theory of operational search activities (hereinafter referred to as ORD) should include the process of improving this activity on the basis of an optimal combination of organizational, managerial and operational tactical measures, the study of advanced operational search practices and the development on this basis of effective ways of organizing and practical implementation of operational search activities (hereinafter referred to as ORM) in various operational conditions. Any modern research in this area seems to be an attempt to present the processes that have developed in practice in a different way, to form new ideas around the implementation of the tasks assigned to the subjects of the ORD. And, quite rarely, directions of innovative development of the HORDES are formed, the formation of completely new approaches and tactics in the context of countering crimes committed using cryptocurrencies and other virtual assets. The presented article is one of those that for researchers form an idea, a path, a methodological direction along which it is necessary to go in the near future. The presented directions and methods of combating crimes committed using cryptocurrencies and other virtual assets are already predetermined by existing events in the country and in the world, and are also possible in accordance with the promising technological progress of mankind. At present, significant changes have taken place in the activities of the internal affairs bodies. It is necessary to take into account certain changes in the legislative and departmental regulatory framework regulating operational and investigative activities, organizational and structural changes in the internal affairs bodies, adjustment of the functioning of social institutions in conditions of constant development, etc. These circumstances dictate the need to understand modern realities in the field of countering crimes committed using cryptocurrencies and other virtual assets, to search for effective forms and methods of fighting, to develop effective measures to optimize the activities of authorized entities and other police units.

ОПЕРАТИВНО-РОЗШУКОВЕ ДОКУМЕНТУВАННЯ ЗЛОЧИНІВ: ДО ВИЗНАЧЕННЯ ПОНЯТТЯ

The article is devoted to the study of problematic issues of operational and investigative documentation of crimes by employees of operational units in the interests of criminal justice. The purpose of the article is to analyze the doctrinal approaches to the definition of the concept and content of operational and investigative documentation of crimes and, on this basis, with due regard for its essential features, to formulate the author’s own definition of this concept which would meet the essence of this process and the needs of practice. The article substantiates that for successful operational and investigative documentation of crimes by operatives, it is important that they know the theory of criminal procedural evidence as a methodological basis for operational and investigative documentation, since the theory of criminal procedural evidence reveals such fundamental concepts as evidence, its properties, subject matter of proof, etc. These categories of the theory of criminal procedural evidence orient operatives to the objects of operational and investigative documentation, their features and properties, and give them an idea of what qualities the actual data on the signs of a crime must meet in order to be used as evidence in criminal proceedings. Understanding of the subject matter of proof by operatives enables operatives to understand the amount of information they should receive in the course of operational and investigative documentation. The article covers the following categories: operational search, recording, factual data, operational case, materials of operational search activity, operational search information, operational search support, document of operational search activity, operational search case, operational search cognition, etc. Based on the analysis of the theory of activity, epistemology, systemic and comparative analysis of legal provisions, and doctrinal approaches, the author defines the concept of operational and investigative documentation of crimes. The author concludes that operational and investigative documentation of crimes is the essence of operational and investigative activity and consists in the implementation by authorized officials of law enforcement agencies’ operational units of a set of search and investigative measures established by the Law of Ukraine «On Operational and Investigative Activity» and departmental regulations aimed at learning the circumstances of a crime and reliable reflection (fixation, recording) of the results and procedure of this.

The place and the role of operational search activities in foreign penal practice

The place and the role of operational search activities in foreign penal practice

Понятие, сущность и принципы криминалистического взаимодействия как элемента организации расследования преступлений

The article considers the problematic provisions of the investigator's interaction with the inquiry body. Taking into account opinions expressed in the scientific literature, the most correct solution to the issues of the investigator's interaction seems to be found in the context of the provisions of the forensic doctrine on the organization of crime investigation. The author reveals the concept and essence of interaction, noting that neither the Criminal Procedure Code of the Russian Federation, nor the departmental regulations give a definition of interaction; this concept is scientific, and each author gives their own definition. Often, features of interaction are given as the essence of interaction, which is methodologically incorrect. The essence and features of interaction are inseparable categories, while some authors do not take this into account and do not write about the essence of interaction, or consider it through the very definition of interaction and list its features. Along with the issues of the concept and essence of interaction, the closely related issue of its principles as the fundamental principles of using this element of the organization of investigation is considered. The list of principles of interaction is often given in the content of the concept of interaction. Such principles as legality, delimitation of competence, organizational independence of interacting subjects, the leading role of the investigator, planned interaction, continuity of interaction, the optimal combination of powers and capabilities of the investigator and the inquiry body are listed. The author notes that, in addition to adhering to the principles of interaction between the investigator and operational units, such factors as planning of interaction, professional orientation of each of the interacting parties regarding each other's capabilities and completeness of their use in solving the problems of crime investigation, establishment of correct professional relations between investigators and operational officers directly involved in interaction, maintenance of the atmosphere of trust, solidarity, and mutual assistance will facilitate the effectiveness of interaction. The author concludes that there is a close relationship between criminal procedural and operational search activities due to the presence of similarities in the fundamental foundations of each of the listed activities.

On the need to improve the operational search activities of the internal affairs bodies of the Russian Federation n combating organized crime of an economic orientation in the field of illegal use of wood

On the need to improve the operational search activities of the internal affairs bodies of the Russian Federation n combating organized crime of an economic orientation in the field of illegal use of wood