Operational Search Activities Research Articles

DEPARTMENT OF FORENSIC ACTIVITY IS AN EXAMPLE OF THE SYNTHESIS OF SCIENCE AND FORENSIC PRACTICES AND EDUCATION

The features of the joint educational project of RUDN and RFCFS on preparation of masters on the program “Forensic activity in law enforcement” are illustrated. Among them is the direct connection of the teaching staff of the Department “Forensic activity” of the law Institute of the Russian Academy of Sciences, represented by employees of the RFCFS, with practical expert activities. The role of the joint council for the protection of scientific degrees of doctor and candidate of Sciences in the specialty 12.00.12 - criminalistics, forensic activity, operational-search activity created on the basis of the RUDN and RFCFS is considered. It represents the final link in the system of training of higher education personnel in the field of forensic activity. The main forms of international activities of the Department, which include the study and exchange of experience in the framework of relations between the CIS member States, the Shanghai cooperation organization (SCO), the European Union (EU), are considered. Presented the prospects of its development in preparation for placement as a mandatory discipline “the Theory of judicial examination” in the educational process of bachelors and the creation of transferable teaching materials on forensics and criminology that contains integrated knowledge about the history of the development of the modern state of science in Russia and abroad to attract foreign students.

Амнистия капиталов и оперативно-розыскная деятельность: реализация абсолютного запрета

The article deals with issues relating to the implementation, in theory and practice, of the “complete prohibition” as the mean of legal regulation used within operational-search activity. The legislator introduced this mechanism in the framework of the Russian President’s initiatives on capital amnesty and relevant solutions aimed to ensure legal protection of private property interests of those who take part in voluntary disclosure of assets, of their confidential information, and to guarantee their exemption from criminal, administrative and tax liabilities. The issues covered by the article are analyzed basing on theoretical surveys on operational-search activity, as well as on their current regulatory framework and related corresponding criminal sciences. The article specifies and classifies provisions of the complete prohibition of operational-search activity in respect of the considered categories of individuals. In conclusion, the practical challenges of this legal regulation mechanism are examined and the ways to tackle them are suggested.

Оперативно-розыскная характеристика подкупа и принуждения свидетеля и потерпевшего к даче ложных показаний

One of the acute problems that have a significant impact on the effectiveness of criminal proceedings is the problem of unlawful influence on the witness and the victim. The disclosure and investigation of the aforementioned criminal offenses is increasingly accompanied by active opposition from interested persons who commit unlawful acts against the witness and the victim, accompanied by particular cruelty and cynicism. Bringing these persons to criminal responsibility is often hampered by the pressure exerted on the witness and the victim in the form of bribery and coercion to give false testimony. Revealing bribery and coercion of a witness and a victim to give false testimony for operational-search science and practice is a significant problem, the solution of which mainly involves the involvement of forces and means of operational units of the internal affairs bodies. It is quite logical that the study of crimes, carried out from the standpoint of the operational-search science, presupposes the formation of the operational-search characteristics of the considered category of crimes. The purpose of this study is a comprehensive scientific development of the main elements and the concept of operational-search characteristics of bribery and coercion of a witness and a victim to give false evidence. To achieve the intended goal, the author needs to solve the following tasks: to analyze the concept of the operational-search characteristics of crimes, to determine its main elements; to summarize and analyze the operational-investigative practice of bribery and coercion of a witness and a victim to give false testimony; analyze generalized data on the most typical operatively significant signs of a crime in the category under consideration. The study is based on the use of general scientific techniques and methods (logical-legal, systems approach, analysis, synthesis, etc.) and specific scientific methods (polling, questionnaires, content analysis of documents, interviewing, comparative analysis, etc.). The theoretical significance of the study lies in the fact that by studying the features of the operationalsearch characteristics of bribery and coercion of a witness and a victim to give false testimony, the author can make a certain contribution to the development of the theory of operational-search activity.

Развитие творческих способностей у будущих сотрудников оперативных подразделений

The article handles issues and techniques for the development of creative abilities of future employees of detective agencies of the Russian Ministry of Internal Affairs. The need for such work is due to the fact that the profession of an operative belonging to the “man-man” type involves constant intellectual activity, solving problems and making decisions in conditions of information uncertainty, personal risk and danger to life. The author notes the need for the development of creative abilities among cadets, appealing to examples of effective operational-search activities of prominent detectives of the past and present, who are creative people. The goals and objectives of experimental research, creative tasks and training exercises within the framework of the Literary Club, in which cadets of the Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya.Kikotya (specialty 05/05/02 Law enforcement, specialization "Operational-search activity"). The author’s classification of flows of creative personalities is presented, created on the basis of the application of observation methods, a psychological analysis of creative activity and reflective self-reports of Club members. A convincing opinion is expressed that cadets can successfully carry out operational investigative activities in the future by transferring the creative state of the flow to educational, professional, communicative, organizational, and cognitive activities.

Генезис и методология оперативно-розыскной науки

The relevance of knowledge of the process of formation and development of operational investigative science, and its methodological foundations, is due to the need for the correct choice of further directions of actual scientific research and the cumulative nature of scientific knowledge. In particular, the methodology of any of the Sciences should be aimed primarily at identifying the features of the implementation of fundamental laws in a particular field of activity, including law enforcement, and includes operational-search activity. The purpose of the research is to study the historical stages of formation and development of the operational-search branch of scientific knowledge, as well as the methodology of the Russian operationalsearch science. The object of the research is the historical and methodological (philosophical) aspects of operational-search activity as a new branch of scientific knowledge. The study used dialectical, systemic, structural-functional, and historical methods of cognition. 
 The research result is formulated in the conclusion that operational investigative science has its own methodology, which is understood as the study of special methods of cognition of objective reality in the field of operational-search activity. It is aimed at fixing such reality without taking into account its subjective perception by a specific researcher. This reality is considered as a system of fundamental principles, ways and methods of forming the theory and practice of operational-search activity.

Problematic issues and practice of using string operations based on the rulings of the European Court of Human Rights (on the example of case law on corruption)

Usage of sting operation in law enforcement for documenting the facts of bribery and commercial bribery faces practical issues substantiated by imperfection of the current federal legislation on operational search activity. There is no legislatively secured definition of string operations along with regulation of the procedure for its conduct. The indicated gaps generate contradictory situations pertaining to the assessment of lawful actions of law enforcement agencies during string operationss. The departmental procedure for conducting operational search activity is insufficient for verification and assessment of performance of operational units by investigators, prosecutors, judges, and lawyers. Work on further amendments to the Federal Law “On Operational Search Activity” is relevant and reasonable. Currently, case law on this issue is quite ambiguous due to such formulations as the defense failed to prove the instance of provocation, and that there were no substantial violations or misuse in during conduct of operational search activity. For ensuring legal guarantees for persons against whom is conducted the string operations, it is essential to address the question of availability and quality of professional legal aid during the conduct of operational search activity, due to the fact that all evidence obtained by the operatives in the absence of lawyer and strictly regulated procedures of the conduct of operational search activity, often become key evidence in a case, which are hard to argue in court.

Criminological characteristics of the manifestations of the shadow economy

The article analyzes the features of the criminological characteristics of the manifestations of the shadow economy. The essence of the concept of “shadow economy” and its characteristic are investigated. As a result, it turned out that the shadow economy is one of the biggest obstacles to the development of the country's competitiveness, the growth of social standards of living of the population and integration into the European community. It is a reflection of the active criminalization of economic processes, the high corruption of state authorities and the low legal and tax culture of legal entities and individuals. The study found that the shadow economy gives rise to economic crime, which is harming the economic interests of the state and citizens protected by law, through theft, economic and mercenary official crimes. Statistical data of the General Prosecutor's Office of Ukraine for recent years are analyzed. Based on the results, it is established that a tendency towards an increase in the severity of economic crimes is observed in the country. Analysis of crimes in the field of economic activity (by types of economic crimes) indicates an increase in tax evasion, misuse of budget funds, etc. So, criminological studies indicate the growing urgency of economic crime in the country. Criminological theory is investigated, persons who commit economic crimes, their relationship between men and women and areas of professional activity are examined and characterized. According to the results of the study, it was found that in the structure of economic crimes, a third are attacks against property, and almost half are criminal acts using official powers. The urgent issue is the prevention of economic crimes, effective and more specific are criminological preventive measures, which include the performance by the relevant authorities of inspections for the implementation of commodity-money transactions by business entities, it is advisable to use budgetary funds, legally conduct operational search activities in in order to counter the legalization (laundering) of proceeds from crime, and more. Only with strict observance of all procedural rules and the rule of law, is it possible to overcome the country's shadow economy.

The concept and classification of operational and tactical solutions in the theory of operational and exploratory activity

The article clarifies the general concept of in the theory of operational and investigative activities. It is concluded that the issue of decision in the forensic literature has received much attention. At the same time, it should be noted that the relevant topics in the theory of and investigative activities are not properly reflected in the scientific literature, some developments on this issue, as noted above, are closed, and comprehensive research in this area has not been conducted. The essence and content of strategic and organizational decisions in the theory of operative-search activity are investigated and their correlation with decisions in the theory of operative-search activity is determined. The main existing theoretical approaches to interpretations of the concept of tactical in criminology and the theory of and investigative activities are analyzed, based on the analysis formulated own definition of operational and solutions which should be understood as the result of intellectual (mental) activity of the unit. to a certain conclusion (choice), based on the analysis and assessment of the and situation, which involves the formulation (setting) of the goal (objectives), which must be achieved through the solution of specific and (intermediate) tasks. A thorough analysis of the scientific literature made it possible to classify and decisions according to the following main criteria (features): by form of expression: oral; written (documented); by subject of acceptance: independent; collective; by the nature of the tasks to be solved: simple; complex. It is emphasized that according to its meaningful reflection (content) the and decision must be: legal, reasonable, timely, optimal and realistic to implement.

ON THE USE OF DIGITAL LOGISTICS IN CRIMINAL PROCEEDINGS AND CRIMINALISTICS

The scientific article explores the concept and content of digital forensic logistics. The author substantiates the close relationship of digital forensic logistics with the process of organizing criminal investigations, building forensic versions, planning investigative actions and operational search activities. The author presents several areas of forensic logistics: logistics of evidence in criminal cases; logistics of the overall organization of the investigation of crimes; logistics of planning (selection of means and methods of investigation); logistics of putting forward versions; logistics of decisions made in criminal cases. The article makes a logical conclusion that the entire process of criminal investigation is carried out using a single digital logistics platform that includes algorithmization of actions and decisions in a criminal case. The author has established that the digital platform is based on various information flows, which are: digital forensic records; digital traces; electronic requests and instructions; digital video library, audio recording and photography; electronic assistant to the investigator; digital expertise; electronic forensic recommendations for the investigation of criminal cases. In conclusion, it is concluded that it is necessary to use digital logistics in criminal proceedings and criminalistics to improve the efficiency of investigative bodies in the investigation of criminal crimes.

Непреступное общественно опасное уголовно-правовое деяние как результат провокации

The article raises the problem of the absence in the doctrine of criminal law of a common understanding of what constitutes an act committed as a result of provocative and inflammatory activities of law enforcement agencies. The purpose of the work is to reveal the legal nature of the provoked act. Objectives of the study: 1) on the basis of the legal position of the ECHR to determine the range of acts that are considered to be provoked as a result of illegal investigative activities; 2) to analyze the signs and elements of the provoked acts; 3) to consider the impact of the provoked act as a legal fact on criminal law relations; 4) to assess the provoked act regarding the presence of signs of a crime in it. Methods: formal-legal, method of comparative analysis. The paper draws the following conclusions. 1. The act provoked by illegal operational-search activity is socially dangerous, is provided by the criminal law, thus is not criminal and punishable. 2. Being socially dangerous and provided by the criminal law the provoked act as the legal fact does not generate protective legal relationship, and does not exist within regulatory criminal legal relations. 3. Impregnable socially dangerous criminal acts as a result of provocation, contain all the signs of the relevant elements of crimes. The person who has committed the specified act, isn't subject to criminal liability not according to the Criminal code of Russia but because charge is based on the proofs received by the illegal way. 4. Non-recognition of provoked socially dangerous act as a crime is based on integrative legal understanding, according to which the interpretation and application of criminal law should be based on universally recognized principles and norms of international law.

Значение криминалистической характеристики в обеспечении фиксации дорожно-транспортных происшествий

В статье проанализировано современное состояние и значение криминалистической характеристики в обеспечении фиксации дорожно-транспортных происшествий и разрешении возникающих при этом проблем, связанных с процессуальным порядком и методикой проведения автотехнической, трасологической и других видов экспертиз. Рассматриваются мнения отечественных и зарубежных ученых относительно роли криминалистической характеристики в раскрытии и расследовании преступлений, связанных с ДТП, выдвигаются предложения о совершенствовании механизма криминалистического обеспечения фиксации дорожно-транспортных происшествий. Основной целью статьи является правовой и правоприменительный анализ криминалистической характеристики в системе механизма обеспечения фиксации дорожно-транспортного происшествия в сфере уголовно-процессуальной деятельности и криминалистической методики и тактики расследования данного вида преступлений. Основное содержание исследованных в настоящей статье проблем, выражается в рассмотрении особенностей использования криминалистической характеристики в процессе обеспечения фиксации дорожно-транспортного происшествия. Такой взгляд будет интересен специалистам, изучающим значение криминалистической характеристики как основы механизма криминалистического обеспечения фиксации дорожно-транспортного происшествия. В качестве исследовательской задачи автором были определены возможности совершенствования методики и тактики применения правил криминалистической характеристики в алгоритме деятельности дознавателя, следователя, органов, осуществляющих доследственную проверку и оперативно-розыскную деятельность в обеспечении фиксации дорожно-транспортных происшествий. Обобщая практический опыт экспертов и экспертных учреждений, использующих тактические особенности криминалистической характеристики в назначении и проведении судебных экспертиз, разработаны предложения по совершенствованию методики их производства и использовании знаний в области криминалистической характеристики. Автором настоящей статьи определены перспективные пути использования инновационных информационно-коммуникационных технологий в совершенствовании криминалистического обеспечения фиксации дорожно-транспортного происшествия на основе современных возможностей криминалистической методики, тактики, проведения судебных экспертиз, преимуществ автоматизации и программирования следственной и экспертной деятельности и широкого участия в ней специалистов. В заключении раскрывается место и значение криминалистической характеристики в рассматриваемой сфере, и обосновываются и выдвигаются предложения и рекомендации по развитию правоприменительной практики и совершенствованию уголовно-процессуальных норм, регулирующих криминалистическое обеспечение фиксации дорожно-транспортного происшествия.

CURRENT ISSUES OF COUNTERACTION AGAINST ILLEGAL CIRCULATION OF DRUGS USING THE INTERNET

The relevance of the study is due to the change of activity of organized criminal groups involved in the circulation of psychoactive substances towards the organization of the mentioned activity through the Internet. The article is an examination of current problems of combating drug trafficking by using the Internet. The purpose of this work is to investigate the current problems of combating drug trafficking by using the worldwide web through contactless sale of narcotic drugs and psychotropic substances. To achieve this goal, a number of methods were used, namely: theoretical – to study and analyze statistical information, scientific and methodological literature, generalization of information to determine the theoretical and methodological bases of the study; logical analysis – to formulate basic concepts and conduct classification; specifically historical – to demonstrate the dynamics of development; dialectics – to determine the content and features of the constituent elements; empirical methods – to summarize the experience. The materials of the article are of practical value for the higher education graduates of police specialties, police officers of the criminal block and specialists in the field of operational search activities.

Некоторые проблемы правового регулирования деятельности оперативных подразделений полиции

Introduction. The article deals with the history of the law enforcement and alteration to certain provisions of the Federal law «On police» from 07.02.2011 № 3-FZ. Goal. The purpose of the work was to evaluate certain provisions of the Federal law «On police» and the Federal law «On operational and investigative activities» from the point of view of operational search activity and on the basis of a comparative legal method of cognition of normative acts regulating the process of law enforcement and operational search activity. To identify the problems of the interaction of these laws. The article presents inconsistencies between the provisions of the Federal law «On police» and the Federal law «On operational and investigative activities». Results. As a result of the work, the author identified and attributed to the number of problematic provisions concerning the right of police officers to conduct operational search activities, the right to enter the homes of citizens, and some others. The author’s suggestions for amendments to the law «On police» are given, and the need for further research aimed at eliminating the identified shortcomings and solving the problems under consideration is determined. The author comes to the conclusion that the timely elimination of the shortcomings of the legal relationship between the Federal law «On police» and the Federal law «On operational and investigative activities» in the context of regulating the activities of operational police units will only increase the efficiency of the organization of operational and investigative activities of the internal affairs bodies.

Развитие творческих способностей у будущих сотрудников оперативных подразделений

The article handles issues and techniques for the development of creative abilities of future employees of detective agencies of the Russian Ministry of Internal Affairs. The need for such work is due to the fact that the profession of an operative belonging to the “man-man” type involves constant intellectual activity, solving problems and making decisions in conditions of information uncertainty, personal risk and danger to life. The author notes the need for the development of creative abilities among cadets, appealing to examples of effective operational-search activities of prominent detectives of the past and present, who are creative people. The goals and objectives of experimental research, creative tasks and training exercises within the framework of the Literary Club, in which cadets of the Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya.Kikotya (specialty 05/05/02 Law enforcement, specialization "Operational-search activity"). The author’s classification of flows of creative personalities is presented, created on the basis of the application of observation methods, a psychological analysis of creative activity and reflective self-reports of Club members. A convincing opinion is expressed that cadets can successfully carry out operational investigative activities in the future by transferring the creative state of the flow to educational, professional, communicative, organizational, and cognitive activities.

Factors influencing national policy in operational-search activities

The factors influencing the state policy in the field of operational-search activity have been studied. The author has noted that the reforms taking place in the law enforcement area have laid a new approach to combating crime, as the traditional perception of crime and combating it is changing. Combating crime requires, first of all, modern, perfect regulatory support. And first of all it concerns the sphere of operative-search activity as a priority direction of counteraction to crime. In this regard, the priority area of research is public policy, which takes place in the field of op-erational and investigative activities. Therefore, the purpose of the article is to identify the factors that influence the state policy in the field of operational and investigative activities and highlight the directions of formation of this policy. It is emphasized that this list is not exhaustive and can be supplemented, which, in turn, further determines the need for further in-depth scientific research in this area. Factors influencing the state policy in the field of operational and investigative activities should be taken into account when forming a single Concept of legal policy, which would reflect a holistic system of leading official views on its essence and content, would determine the priorities for further development. The development of the Concept of the state policy in the field of operative-investigative activity will make it possible to ensure the adoption of a system of laws that provide a complex, logically consistent legal regulation of certain phenomena of public life.

The genesis of the use of service animals and special equipment in the conduct of operational investigative activities

The article deals with research of development of means of operational-search activities (OSA) from ancient times to the present. The stages of the development of OSA tools, including service animals and special equipment, their dependence on scientific and technological progress and the role in combating crime have been considered. The author has concluded that the genesis of the use of service animals suggests that: 1) for many years (from the second century BC) in the law enforcement system used different species of animals, including geese, horses, rats, dogs, etc .; 2) the process of formation of the use of dogs in law enforcement went from the use of the latter in hunting and military affairs to the gradual occupation of a separate link in the structure of law enforcement, in particular dogs began to be used on a professional basis to search for odors, data transmission , protection of objects and people, detention of offenders, etc .; 3) analysis of the practice of using animals allows us to state that the largest and oldest role in law enforcement was played by dogs. From its immergence to the present day, the means of operational and investigative activities are in a state of constant development and improvement. Scientific and technological progress has turned covert means of obtaining information into one of the most effective tools for combating crime. For example, the capabilities of the operational and technical department of the Main Department of the State Tax Service in Dnipropetrovsk region will allow to simultaneously control a significant number of telephone lines, which allows you to effectively confront a permanent organized criminal group, especially at the stage of prepa-ration for crime. The use of such powerful tools on the one hand allows to obtain a huge array of information about the phenomena and processes occurring in the criminal environment, and therefore requires a significant number of experienced professionals to process it and extract information relevant to combating crime. On the other hand, along with information on training and enforcement, law enforcement agencies inevitably receive information on the honor and dignity of citizens that is irrelevant to pre-trial investigations, posing a real threat of abuse. Thus, the requirements for the impartiality of law enforcement officers increase, and the legislator is faced with the task of significantly improving the existing legal framework regulating opera-tional and investigative activities.

Current problems of operational-search support for finding missing children in Ukraine (after the survey of criminal police officers)

The author has studied the main problems of operational-search support for the finding missing children. Achieving the article’s objective (to identify the current problems of operational search support for finding missing children) required the use of a sociological method of research (interrogation). To collect empirical data, 228 criminal police officers were questioned as the main investigators for missing children. The analysis and generalization of the respondents' answers enabled the author to come to the following conclusions: 1. The effectiveness of the search for missing children is considered sufficient. The level of operational search support for missing children is estimated to be average. 2. The main common reasons (factors) that affect the effectiveness of the operational-search support for missing children include: the quality of the organization of operational-search support for missing children; logistics. Specific reasons (factors) that affect the effectiveness of the operational-search support of finding missing children are: the quality of regulatory support; the quality of information and analytical support; officer’s experience; timely conduct of search operations; correct assessment of available information; correct presentation of versions; ignoring one or separate versions; the number of officers involved. 3. The timely establishment of the whereabouts of missing children is mainly carried out within 24 hours during criminal proceedings (prior to the initiation of the operational-search case) or without the initiation of an operational-search Case and the opening of criminal proceedings, ie before registration of the notification in a single register of pre-trial investigations, with subsequent registration in the single record. 4. Instruction on the organization of the search of accused, defendants, persons evading criminal punishment, missing persons and identification of an unidentified corpse (order of the Ministry of Internal Affairs of Ukraine dated 05.01.2005 No. 3 "for use only by staff") needs updating and bringing in compliance with practical requirements. 5. Current accounting capabilities for the search for missing children imply a limited choice of information and have the disadvantage of lacking a unified information search system. 6. The most significant problems of operational search support of missing children include: complicated legal and organizational mechanisms of urgent conduct of operational search activities (operational and technical measures) to determine the location of the child; insufficient level of technical support for conducting operational-search measures (operational-technical measures). In this regard, it is advisable to simplify the procedure for deciding whether to conduct an operational-technical (covered investigative (search) action. Less decisive problems are the following: imperfection of agent security; unskilled juvenile prevention officers and poor quality of operational records. 7. The interaction of criminal police units with the public in the search for missing children is insufficient.

Problems of defining the concept of "public" in present jurisprudence

The article deals with problems of defining the concept of "public" in present jurisprudence. The the article’s objective was to clarify the problems of defining the concept of "public" in present jurisprudence and to provide an understanding of this term. The author notes that today there is inconsistency of legal regulation, as well as arbitrariness, ine-quality and substitution of concepts in the application of this term both in different and within one branch of jurisprudence. The preparation of most legal acts on the participation of "public" in legal relations takes place without proper legal understanding of this term, the concept of which is not defined at all in the current national legislation. The conceptual and categorical apparatus of legal sciences due to the lack of definition of "public" in the legislation is based on arbitrary representation and does not reflect the unity of the aggregate features of this category. Its understanding by scholars through the prism of related (generic) legal concepts do not give an accurate meaningful reflection. Selective, and sometimes chaotic and unsystematic reference of legal scholars to philosophical, sociological, political, psychological and other sources of scientific knowledge about the essential characteristics of "public" in research on its place and role in legal relations indicate the lack of established conceptual approaches in today’s jurisprudence. Scientific inferences of legal scholars about this social institution are often reduced to the definition of the concept by identifying selective characteristics (features) without a comprehensive understanding of this phenomenon. The author has concluded that the “public” in jurisprudence should be understood as both individual citizens and their associations, which have a high level of legal consciousness and legal culture, as well as the basis of beliefs and ideology which are the building of the legal state and civil society. The author suggests to abandon in the theory of operational-search activities from the use of the concept of "public" as a category of operational-search activities forces, because: first, "public" is an abstract concept in contrast to other categories of operational-search activities forces, including law enforcement agencies operational units, secret full-time and part-time agents who have legal status; secondly, the public takes part in various branches of society, which are not characterized by the focus on assisting operational units in combating crime.

REVIEW OF THE MONOGRAPH BY V.A. GUSEV, V.F. LUGOVIK
 “THEORY OF OPERATIONAL SEARCH PROCEDURES”

Introduction. The peer-reviewed monograph is devoted to the theory of operational search procedures. The needs of practice in the system of legal regulation of procedural and procedural issues of operational and investigative activities are not adequately reflected, which leads to the lack of an adequate theoretical basis that could become the foundation of future legislative changes. The presence of a complex set of unresolved problems arising in the adoption and implementation of decisions by officials of the bodies carrying out the operative-investigative activity and their implementation of operational and investigative actions form an urgent need to create an effective system of legal procedures in the operative-investigative activity. The authors analyzed the main sections of the work, gave a brief description of them, as well as highlighted the most interesting and informative provisions that reflect the actual issues of operational search activities. In addition, wishes were expressed to the authors of the monograph. Scientists have studied such issues as: theoretical-methodological bases of legal procedures in the operational-search activities; legal procedures in order to ensure the rights and freedoms of man and citizen when implementing operational search activities; the legal procedures for operational-investigative activities; legal procedures for realization of rights of the bodies implementing operative investigative activities; legal procedures for investigation of production; legal procedures for the use of operative-investigative activity results in criminal, arbitration proceedings, the powers of tax authorities, when making administrative and managerial decisions; legal procedures for the implementation of prosecutorial supervision over execution of laws in the operational-search activity. Conclusion. The reviewed work, of course, is a new, and very informative page in the theory of domestic jurisprudence, and the proposal for the introduction of the Operational-investigative code is extremely relevant, it requires support and early practical implementation.

Operative-Search and Criminal Prosecution: Legal Necessity or Abuse?

The author in this article examines some problematic issues of operational-search activity and pre-trial proceedings in criminal cases against entrepreneurs, as a result of which the corresponding theoretical and applied conclusions are drawn, allowing to delimit legal criminal prosecution from arbitrariness of law enforcement agencies.