Operational Search Activities Research Articles

Features of Interaction of Experts at the Initial Stage of the Investigation of the Falsification of Results of Operative-Search Activities

Features of Interaction of Experts at the Initial Stage of the Investigation of the Falsification of Results of Operative-Search Activities

Foreign aggairs of the customs organization and operation activities on the example United States of America

In modern developed countries it is important to protect national economic interests, and therefore there is a need to improve cooperation between customs authorities to combat smuggling and the illegal movement of goods across the customs border of the countries. This article focuses on the study of foreign experience of functioning of the bodies authorised to apply measures of operational-search activities in the system of combating smuggling and illegal movement of goods across the customs border by the example of the United States of America. Every year the customs border of America cross goods valued at a trillion dollars as the total imports, and therefore the customs authorities of the United States of America require the improvement of existing technologies for the protection of the state border. New technologies play a crucial role in the customs of the United States of America. Today in America, the custom is the only governmental Agency in which its officials have the authority for the inspection of people, goods and vehicles crossing the border without a search warrant. It should be noted that the customs service of the United States of America has also partnered with the police departments, the Federal Bureau of investigation in providing customs information that would allow them to detect, and in some cases to predict organized crime, i.e. the police investigate. In addition, the customs service of the United States of America, as the main government body that has the right to apprehend criminals at the border, faced with a complex, multifaceted threat to the smuggling of goods, narcotic drugs and so on. But because the customs service is working on these tasks with the use of modern achievements of science and practice through a variety of approaches, directions: intelligence, operational, experienced, which bring a positive result. In case of detection by customs officers of the United States of America violations of the customs legislation, they have the right to conduct an investigation on this fact, as well as having the right to seize the goods which are subject to export outside the country. In addition, the customs authorities of the United States of America have the right to confiscate without a court order any goods that you intended to illegally vivactis from the country, and vehicle that was to be used for these purposes.

ПРОИСХОЖДЕНИЕ ОТДЕЛЬНЫХ ОПЕРАТИВНО-РОЗЫСКНЫХ ТЕРМИНОВ (ИСТОРИКО-ЭТИМОЛОГИЧЕСКИЙ ПОДХОД)

The aim of the research was to study the problem of the formation of the operational search language in the aspect of the development of its terminological system (in the diachronic aspect, with the analysis of lexical and semantic relations). The aim determined the choice of research methods and techniques. The selected material (more than 200 sources, including archival ones) was analyzed using a descriptive method (including the selection, description and systematization of language material); a comparativehistorical method, which allowed tracing the semantic development of operational search terms, determining the source of borrowings of the analyzed words; a contextual method based on “reading” into the text and comparing homogeneous texts; elements of word-formation analysis; an etymological method, which helped to understand the semantic development of words more deeply, to determine the source of borrowings in the studied sphere. An attempt was made to identify factors that helped to consolidate a term in the language of operational-search activities. As a result of the research, the authors (1) identified and described the thematic groups of the analyzed operational search terms, characterized the systemic relations within these groups, and (2) determined the genetic sources of the key terms and ways of their semantic transformation in the operational search sphere. The authors also attempted to identify factors that led to the emergence, consolidation and development of a certain term in the operational search (criminal investigation) language. Etymological excursions in the consideration of certain terms were used as an additional way for a deeper understanding of their semantics and structure. The leading method in the study of this problem is the provision of philosophy that every phenomenon, including language, must be considered in its historical development. The theoretical significance and practical value of this work lies in its possible application in the further study of operational search language problems, in the solving of issues of selection and presentation of certain terms in operational search dictionaries, in the teaching of the Operational-Search Activities course.

Досвід і сучасний стан протидії наркозлочинності в Україні

The purpose of the study is to analyze the previous experience and current state in countering drug crime in Ukraine, to study the stages of formation and reform of drug crime counteraction units, to identify further directions for improving the activities of the bodies and units of the National Police of Ukraine in the fight against illicit trafficking in narcotic drugs, psychotropic substances and precursors. Methodology. To study the problems, general and special legal methods were used: comparative and legal, systemic and structural and systemic analysis, methods of scientific knowledge, the use of which is determined by the purpose and objectives of the study. Scientific novelty. The article analyzes the historical preconditions for the formation and the current state of development of units for countering drug crime. A number of theoretical and practical conceptual issues, provisions and conclusions are substantiated that can be useful in the implementation of reforming units for combating drug crime. The article analyzes the legal and regulatory framework governing the professional activities of workers in drug-crime counteraction units. Problematic aspects of prevention and investigation of crimes related to drug trafficking, drug prevention have been studied. In particular, the development of messengers, with the ability to encrypt user data, has led to the fact that over the past few years, drug retail has almost completely gone digital. Each update of such messengers complicates the work of law enforcement agencies due to the use of the latest methods of encrypting information and increasing the level of anonymity of participants in communication. The drawbacks of the current legislation in countering drug trafficking are highlighted. In particular, attention is focused on the lack of effective regulation at the legislative level of mechanisms for blocking or restricting access to Internet resources through which drug trafficking is spread or where there is prohibited content. In addition, criminals are actively making payments for illegal drug transactions, using new ways of relations between the seller and the buyer, for example, they legalize funds derived from crime through operations with crypto currency, with their subsequent placement in offshore companies. It is determined that a special place in the field of combating drug addiction and drug crime is occupied by legal measures that create organizational grounds for improving the activities of professional units of the National Police of Ukraine. Conclusions. Improving the policy in the field of combating drug crime is one of the priority areas of activity of the state authorities and law enforcement agencies of Ukraine. The fight against drug addiction and drug crime is a complex and multi-level process that requires significant efforts, confident and decisive actions. New methods of illegal sale of drugs and modern methods of concealing the facts of involvement in criminal activity are used by offenders, affect the structure and dynamics of crime in Ukraine, which, in turn, necessitates revision the norms of the current legislation of Ukraine and bringing them into line with modern requirements. Units of the National Police of Ukraine are taking active measures to identify online drug traffickers, monitoring and analyzing their messages, conducting operational-search activities aimed at establishing the whereabouts of persons involved in the illegal distribution of drugs. The structure of such groups, which is mostly large and branched, complicates the documentation and prosecution of perpetrators, and the organizers of this business are mostly outside Ukraine. When reforming drug crime units, a system-functional approach should be applied, which will make it possible to optimize their tasks, functions, structure, logistical, organizational, legal and personnel support

FEATURES AND PROBLEMS OF USE IN PROVING RESULTS OF OPERATIONAL-SEARCH ACTIVITY

FEATURES AND PROBLEMS OF USE IN PROVING RESULTS OF OPERATIONAL-SEARCH ACTIVITY

КРИМИНОЛОГИЧЕСКАЯ ХАРАКТЕРИСТИКА ПРЕСТУПЛЕНИЙ ПРОТИВ СВОБОДЫ, СОВЕРШАЕМЫХ ОРГАНИЗОВАННЫМИ ПРЕСТУПНЫМИ ГРУППАМИ, В СЕВЕРО-КАВКАЗСКОМ ФЕДЕРАЛЬНОМ ОКРУГЕ

The article provides a criminological characteristic of crimes against freedom committed by organized criminal groups in the North Caucasian Federal District. The relevance of the topic of the article is due to the fact that these crimes have become a common phenomenon in some regions of the Russian Federation, especially in the North Caucasus Federal District. The aim of the study is to determine the criminological indicators of crime against freedom committed by organized criminal groups. When writing the article, the methods of analysis and generalization of materials from investigative and judicial practice, polls, questionnaires of certain categories of the population were used. The article says that the most widespread crime in the North Caucasus Federal District, according to official statistics, is kidnapping. Determinants of criminality against personal freedom committed by organized criminal groups are listed. Particular attention is paid to corruption in law enforcement agencies, which contributes to the concealment of the facts of committing these crimes by organized criminal groups, the latency of crimes against personal freedom in the North Caucasus Federal District. Revealed and substantiated the need to develop a concept of economic transformations using the latest technologies, taking into account regional specifics. Some measures to prevent this category of crime are proposed. The result of the study is the formulation of conclusions that effective measures to counter organized crime against personal freedom are to improve the activities of the subjects of operational-search activities, as well as victimological socialization of the population

Крайняя необходимость и её значение в оперативно-розыскной деятельности

The article describes the role and place of circumstances precluding the criminality of the act in the criminal law of Russia. The authors demonstrate the possibilities of their regulatory function of law enforcement officers, in particular, employees of operational units of the internal Affairs bodies of the Russian Federation. The main emphasis is placed on the conditions of legality of causing harm in case of extreme necessity, as a circumstance precluding the criminality of the act, in the criminal law of Russia. The questions of application of the norm of extreme necessity and its correlation with the conditions of legality of operational search activities by law enforcement officers are touched upon. The current procedure of legal assessment of operational search activities is criticized. It is concluded that at present the harm to the interests protected by the criminal law during the operational search activities, from the point of view of its legality to the norms of the criminal legislation, can be justified only by extreme necessity. Due to the lack of relevant norms in the current criminal legislation, it is necessary to focus on the existing regulatory framework. It is noted that the legislation on operational-search activity of conditions of legality of causing harm, unfortunately, does not contain. Thus, its role in the regulation of such relations is minimal and does not meet the prevailing law enforcement practice. Possible solutions to these problems are proposed.

Классификация образцов для сравнительного исследования

The article presents the classification of samples for comparative research, the study of which will contribute to the correct choice of a tactical method of obtaining them. The material also contains an analysis of the scientific literature related to the classification and systematization of the category in question; alternative grounds for dividing into groups are proposed. Classifying comparative samples, the author focuses on certain problems that practitioners face. Namely: the possibility of obtaining samples for a comparative research before the initiation of a criminal case, the validity of the use of coercion to obtain them, as well as the possibility of using comparative material obtained in the framework of operational search activities for expert studies. In preparing the article, general scientific methods of empirical knowledge (comparison, description), general logical methods of analysis, synthesis, generalization, classification, as well as methods of system-structural analysis were used. The purpose of the study of the problems of obtaining samples is to provide a systematic classification of this category in order to improve the quality of crime investigation. The conclusions made in the article on issues related to obtaining comparative samples at the stage of pre-investigation check and the possibility of using samples obtained during operational search activities are logically presented in the proposed classification.

О законности применения специальных технических средств при проведении следственных действий и оперативно-разыскных мероприятий

The article is devoted to a discussion of the requirements of the legality of the use of technical means when carrying out investigative actions and operational-search activities. The article reveals the basic requirements of compliance with the admissibility and validity of the use of technical means in the conduct of investigative actions and operational investigative measures.

SEPARATE VIEWS ON THE RELATIONSHIP OF SPECIAL TECHNOLOGY OF LAW ENFORCEMENT BODIES AND CRIMINALISTIC TECHNIQUE

The correlation of forensic technology and operational technology among themselves and with special equipment of law enforcement agencies was investigated. It is shown that the constant growth of technical equipment of the law enforcement agencies of Ukraine and the presence of law enforcement structures led to the emergence of independent groups of technical means. It is emphasized that the forensic technique has a special character for its purpose, manifested in the maintenance of the main criminal process to obtain procedural information. It is proved that operational technology, as a section of the theory of operational-search activity and a component of the more general scientific concept of “special technology of law enforcement agencies”, has its own system and correlates with the forensic technique as equivalent categories of legal science. The emergence of a very important means of collecting, accumulating, storing, processing, searching and providing the necessary information is shown - automated information retrieval systems, automated specialized systems and intelligent systems that make up a separate group of special equipment. It is proved that the methodological basis of special equipment is scientifically based tactical techniques, methods and information technology. Special equipment of law enforcement agencies as an interdisciplinary branch of legal science is a system of scientific regulations and recommendations, create conditions for the development of technical tools (forensic, operational, organizational, security), as well as scientifically based methods, techniques and information technology to counter crime law enforcement agencies. The system of special equipment of law enforcement agencies consists of elements that include general provisions and branches of special equipment of law enforcement agencies. Branches of special equipment of law enforcement agencies consist of the main directions of its use in law enforcement, namely: with respect to investigative activities ― forensic technology, operational search activities ― operational technology, administrative activities ― organizational technology. It is proved that the special technique of law enforcement and forensic technology are both common and particular, respectively.

The Methods of Digital Forecasting of Inmate Misconduct in Penal Institutions

The authors use the analysis of existing research ideas regarding the structure and content of the criminological prediction methodology to examine modern approaches to predicting illegal activities in penitentiary institutions. They analyze and classify the objects of prevention — those inmates in places of confinement who need to be controlled while serving their sentence because they have a range of unlawful behavior. In the diagnostic sub-task the object is viewed as a source of information whose attributes and features are studied as they manifest its essence and condition. The authors present a large-scale review of Russian and foreign publications to research the evolution of scientific ideas regarding the contents of the hypothesis as a basis of criminological prediction. While recognizing the value of theoretical criminological achievements, the authors set the goal of analyzing the possible ways of integrating criminology and operative search activities for the identification of pre-criminal behavior in places of confinement. Using the theory of criminological prediction and empirical materials, the authors analyze the possibilities of designing a multi-factor prediction model for individual unlawful behavior by transforming this model into a system of corresponding indicators and risk factors of pre-criminal behavior. They conduct a systemic analysis of the contents of socio-demographic, penitentiary, psychological variables, as well as variables connected with the criminal past as an aggregate of risk factors of pre-criminal behavior. They also describe the essence of digital prediction methods - predictive analytics, analytical intelligence, initiative analytics, - which are used to build a system of indicators for studying and assessing the behavior of certain categories of inmates. The authors show the necessity of using digital analytical methods of making managerial decisions regarding the preventive measures of rapid response in cases of the destructive behavior of inmates. Using the regularities that form the basis of criminological prediction, the authors state that it is necessary to develop the methods of digital prediction and to adapt key features of the digital environment and newest information and telecommunication technologies to solving the tasks of preventing offences among inmates.

Генезис діяльності оперативно-розшукових сил Національної поліції у протидії злочинності

Генезис діяльності оперативно-розшукових сил Національної поліції у протидії злочинності

Замысел и план оперативно-розыскной операции

The article is devoted to the problem of planning operational search operations conducted by the operational units of the internal affairs agencies, and is based on the analysis of the practical activities of the police (militia) and counterintelligence agencies of Russia, some works of domestic and foreign researchers and the Federal Law of the Russian Federation “On operational search activities”. The availability of a single plan and intention is recognized as mandatory features of operational-search operations, along with coordination of all operational-search measures and other supportive tactical methods of action envisaged by them for the purpose, time and place (objects). The content of the plan and intention, their relationship, dependence on the purpose and scale of the operation, and the assessment by the manager and the operational officer of the general and specific operational situation are considered. It was stated that there is an insufficient normative entrenchment of the issues of physical detention of suspects, ambushes and other supportive tactical methods of action. Based on the personal experience of the author, some practical recommendations are given on the use of operational combinations, operational games, the use of tactical principles, including the principle of surprise that is mandatory for arranging and conducting operations, conducting reconnaissance, applying operational masking, etc.

Уголовно-правовая оценка включённости участника оперативно-розыскного мероприятия в преступление

The article deals with the problem of criminal law substantiation of the legality of carrying out operational search activities related to the need to imitate their participants in criminal activities. The author defines the limits of the permissible actual involvement of law enforcement officers and persons cooperating with them on a confidential basis in the encroachment of the persons being developed. Investigating the measure of the permissibility of imitation of participation in the encroachment committed by the persons being developed, the author comes to the conclusion that it is possible for the implanted employee to act in accordance with the situation in order to expose the criminals. At the same time, the operative imitation of criminal activity, the commission of a crime against life or health, with irreversible consequences, should not be considered as excluding criminality. It substantiates the impossibility of eleasing an embedded employee from responsibility for a crime committed for the initiative, as well as for inciting others to commit the crime.

Соотношение негласных следственных действий и оперативно-розыскных мероприятий

The article deals with a study of the Institute of covert investigative actions, which effectively operates in the legal systems of a number of CIS member States. The author has conducted a comparative legal analysis of the covert investigative actions introduced in the code of Criminal procedure of the Republic of Kazakhstan, with operative investigative measures requiring its assessment. In this regard, the author highlights the essence, values, main identical and distinctive features of covert investigative actions and operative investigative measures, identifies problems of their practical application and offers the author’s opinion on the solution. Methods: The study is based on the fundamental dialectical methods, in particular, on the method of system analysis, as well as on the use of special legal methods, such as formal legal and comparative legal ones. Results: on the basis of a consistent comparison of the regulatory material and existing achievements in law enforcement, the most significant aspects that determine the place of the main tool of the operative-search activity – operative-search measures within and outside the criminal process are identified. It is stated that a reliable platform for a legal involvement and a wide use of forms and methods of operative investigative activity in the process of proving in criminal cases has been created and successfully applied in the criminal process of Kazakhstan.

Features of the legal status of persons, determining no safe

In the article the authors separately analyze the conceptual apparatus in the studied direction. The definitions of deceased individual are clarified. It was found that the definition of the term for a long period of time did not have proper consolidation. In the scientific literature and in the legislation it was possible to find close to this formulation. For the first time the statutory wording of the is disclosed in the current Law of Ukraine On the Legal Status of Missing Persons, adopted on July 12, 2018. The authors in the article identify the difference between and because the concepts are at first glance similar. Attention is drawn to the fact that a person's unknown absence is established by a court decision, and such a decision is not required to recognize a missing person. The authors found that acquiring the status of missing person allows her to subsequently acquire, through a court decision, the status of missing or declared deceased. According to the authors, the concept of deceased are not identical, so the article offers their clarification definitions of these concepts. It has been determined that a person may disappear under different circumstances. The article states that the current legislation identifies special types of persons, taking into account the circumstances in which they may have disappeared. The authors conclude that the legislation should take into account all circumstances in which persons may disappear. For example, a person may disappear due to their arrears, due to an exacerbation of a person's mental, psychological illness, memory loss, and more. The authors, analyzing the legal status of the missing person, indicate that it acquires the missing status from the moment the applicant submits a statement about the disappearance of the unknown person and his search or by court order. The statement on the fact of disappearance of the person of the unknown and his search shall be submitted to the relevant territorial body of the National Police of Ukraine. The article states that the bodies authorized for the search of persons who have been missing are the National Police of Ukraine and the units carrying out operational search activities, defined by the Law of Ukraine «On Operative Investigation Activity». The authors selectively analyze the experience of some countries on the legal status of the missing person and conclude that international experience is useful for its use in Ukraine. The authors of the article determined that national legislation did not catch the attention of foreigners and stateless persons. It is established that their acquisition of the status of missing person, if they have resided permanently or mainly in the territory of Ukraine, will be regulated by Ukrainian legislation. The article establishes that the conclusion of international treaties by Ukraine allows to regulate important interstate relations in order to determine the procedure for acquiring a status of a missing person, since acquiring such status is required not only by citizens of Ukraine within our country or another, but also by foreigners residing in the territory of Ukraine.

Негласна робота як фундаментальна категорія теорії оперативно-розшукової діяльності та кримінального процесу

The article reveals the concept and content of operational investigation activity and unofficial investigation, as well as correlates the specified terms. The purpose of the article is to describe the category of «unofficial investigation» on the basis of a comparative analysis of the provisions of the operational investigation activity and criminal-procedural legislation. The methodological basis of the study is a set of both general scientific and special methods of cognition and investigation. The use of these methods allows us to analyze the elements of operational investigation activity, unofficial investigation measures and criminal proceedings in order to determine their correlation and on the basis of the received information to formulate proposals for the current legislation. It is noted that the operational investigation activity and unofficial investigation of the operational units of the National Police largely coincide in content, but are not identical. It is emphasized that the content of the unofficial investigation does not belong to the part of the operational investigation activity, which is carried out openly, and the content of the operational investigation activity does not belong to the unofficial investigation of the operational units within the framework of criminal proceedings, carried out on behalf of the investigator or prosecutor. Operational investigation activity and unofficial investigation of the National Police’s operational units are elements (usually superimposed) of the broader category of «operational units’ activities». This category covers the performance by the National Police of all the functions assigned to them by Law and Legal Acts. It has been stated that Operational investigation activity is defined as a system of actions which: 1) are conducted for the purpose of detection and termination of crimes, prevention of criminal offense; 2) consist of finding and recording the actual data on criminal activity of individuals and groups, location and fate of wanted persons; 3) are carried out by operational units of law enforcement bodies in accordance with the powers assigned to them by Law; 4) can be conducted both openly and implicitly. Unofficial investigation – part of the activity of the operational units, which purpose and tasks coincides with the operational investigation activity and is a system of exclusively unofficial actions, which include: 1) conducting unofficial investigation measures within the framework of different cases but only after obtaining the relevant permissions of the investigating judge and approval of the prosecutor; 2) fulfillment of the instructions of the investigator, the prosecutor for conducting unofficial investigation (search) measures; 3) conducting unofficial investigation measures, which in accordance with the Law do not require special permits and can be conducted by operational units on their own initiative, including without launching a case. The scientific novelty of the obtained results is that the article further reflected the scientific opinion on the definition of the concept and content of the category «unofficial investigation» and its correlation in the operational investigation activity and criminal procedural legislation. To сonclusions, we can confirm that operational investigation activity and unofficial investigation measures of the operational units of the National Police of Ukraine are substantially the same in content, but not identical. The possibility of conducting the activities of the said group (search activities) should be enshrined on the level of the Law of Ukraine «On Operational Investigation Activities» and the Criminal Procedure Code of Ukraine. Keywords: operational investigation activity; unofficial investigation; operational units; operational-search activities unofficial investigation (search) measures.

Criminological Intelligence

In the current conditions of mass substitution of reality by simulacra created on the basis of criminal motivation in the interests of criminals, criminological intelligence acts as an adequate response to the challenges of the contemporary situation in its different dimensions — global, regional, national. Criminological intelligence, as a relatively independent type of investigation activities, is defined by the authors as legal collection, analysis, evaluation and interpretation of information on the criminalization of public relations, on the threats and risks of criminal and criminogenic nature, on the actual condition of criminality, criminals, their status and opportunities to resist law and order with the purpose of ensuring national, public, group and personal security. The legality of criminological intelligence means that it is not based on confidential sources and is thus different from such a type of operational search activities as analytical intelligence. Besides, the legality excludes the use of illegal means and techniques of obtaining information. The tasks of criminological intelligence include obtaining reliable information on the actual criminological situation, criminological and socio-legal prognostication, determining the level (regime) of threats to criminological security, criminological zoning (by territories and objects). The actual criminal picture that requires an urgent response cannot be compiled without characterizing the cumulative number of unsolved crimes (it is seven times more than the number of crimes registered annually). An important task of criminological intelligence is determining the key directions of crime counteraction. They include counteraction to economic and electoral crimes, where a rather short-sighted criminal policy is currently used, although these types of crime threaten national security. The object of criminological intelligence is the criminalization of public relations, while its subject is now solely represented by financial intelligence (Rosfinmonitoring), which is obviously not sufficient. Criminological intelligence should be handled by professionals gathered in a national research center. The training of such professionals should be mainly based on criminology, including criminological intelligence, and this discipline should gain a higher educational-methodological status.

Философское содержание понятия оперативно-розыскного мероприятия

Философское содержание понятия оперативно-розыскного мероприятия

Typical investigative situations that arise during the investigation of illegal possession of a vehicle, its locations and persons involved in this crime

An important place in the effective fight against crime is the question of illegal possession of vehicles. This crime causes significant material losses to certain citizens and to the state as a whole, promotes traffic accidents, affects traffic safety and the rules for the operation of enhanced safety equipment, the violation of which constitutes a real threat to the life and health of citizens and causes a high public danger to these actions.In view of these circumstances, the article is focused on the definition of typical investigative situations that arise in the initial stage of illegal possession of a vehicle. These situations are identified and sequentially analyzed depending on the method and nature of the crime, the location of the vehicle and individuals involved in the illegal seizure of this vehicle. In particular, based on the analysis of the points of view expressed in the legal literature, four typical investigative situations are analyzed in the article:1) the vehicle and the person who is subject of responsibility are found;2) the vehicle was found, but no information about the person who committed the crime;3) the vehicle was not found, the person who committed the crime was not also established;4) the vehicle has been found by the owner after a certain period, but the information about the person who committed the crime is absent.During the analysis of each investigative situation, procedural or non-procedural actions, which must be carried out consistently to resolve them, their purposes and sequences of actions were determined and measures have been carried out, the application of which are aimed at achieving positive results. Attention is drawn to the need for conducting not only procedural but also operational-search activities aimed at establishing all factual data circumstances of the crime. The importance of interaction between the investigator and employers of the operational units of the National Police of Ukraine and other bodies and institutions was emphasized. Practical recommendations are offered for the prevention of illegal possession of vehicles, and their combination with organizational measures are applied, taking into account a concrete situation, which are more effective in preventing this type of crime.Article received 03.03.2019