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Police and Investigative Activity
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Publications of Kondrashechkin Roman Viktorovich
Police and Investigative Activity, 2022-1
Kondrashechkin R.V. - Operational-search detention (capture) as an object of legal regulation of operational investigative legislation pp. 9-16

DOI:
10.25136/2409-7810.2022.1.31525

Abstract: The subject of scientific research is the peculiarities of legal regulation of legal relations arising during the implementation of operational investigative detention (capture) of persons of operational interest during operational investigative measures provided for in Article 6 of Federal Law No. 144-FZ of August 12, 1995 "On operational investigative activities". The existing criminal procedural grounds for detention do not take into account the specifics and specifics of the activities of operational officers, which causes legal uncertainty in law enforcement practice. Taking into account the practical orientation of the use of operational-investigative detention (seizure), it should be noted that in the normative legal acts regulating the operational-investigative activities of the Department of Internal Affairs there are no norms regulating the grounds and conditions for the use of operational-investigative detention. These grounds should be taken into account and fixed in industry legislative acts, taking into account the specifics of the activities of operational units. Research methods: the method of comparative jurisprudence in the study of the grounds for detention; the method of comparative analysis in determining the compliance of the capabilities of operational units in the implementation of operational investigative detention. The author investigates the actual problems of law enforcement practice concerning the implementation by employees of operational units of such a measure of coercion as operational search detention (seizure). The scientific novelty lies in the analysis of regulatory legal acts regulating the grounds and procedure for detention; in proposals for improving operational investigative legislation. The main conclusions of the study are the need to supplement Article 6 of the Federal Law "On Operational investigative Activities" with the operational investigative measure "Operational investigative detention (seizure)", as well as to supplement Article 15 of the Federal Law with norms regulating the grounds and conditions, the procedure for conducting, the limits of the implementation of operational investigative detention (seizure).
Police and Investigative Activity, 2021-4
Kondrashechkin R.V. - Investigation and intelligence characteristics of crimes from the viewpoint of forensic science and the theory of investigation and intelligence activities pp. 1-9

DOI:
10.25136/2409-7810.2021.4.31089

Abstract: The research subject is the essence of investigation and intelligence characteristics of crimes from the viewpoint of forensic science and the theory of investigation and intelligence activities. The research object is social relations emerging in the process of detection and investigation of crimes, theoretical substantiation and law-enforcement practice revealing the essence, components and parts of the mechanism of formation of investigation and intelligence activities. The author considers the correlation between theory and practice of forensic science and investigation and intelligence activities, and the feasibility of use of the term «investigation and intelligence characteristics of a crime». Based on the study of different opinions of the leading researchers in the field of forensic science and theory of investigation and intelligence activities about the definition of the essence, contents, classification and elements of the concept of «investigation and intelligence characteristics of a crime», and using different methods of scientific cognition, the author considers the feasibility and legitimacy of use of the esencial definition and its practical application. The main conclusion of the research is based on the viewpoints of well-known scholars, who have divided into two opposite camps. The representatives of one deny the concept under study, while the others, as well as the author, prove their opinion and state that the concept «investigation and intelligence characteristics of a crime» exists in the theory of investigation and intelligence activities. The author attempts to substantiate the feasibility of this definition. 
Police activity, 2017-4
Kondrashechkin R.V. - Legal status of confidential informants of law enforcement bodies pp. 16-24

DOI:
10.7256/2454-0692.2017.4.23509

Abstract: The research subject is the legal status of individuals confidentially assisting law enforcement bodies (confidential informants). The decisions of the European Court have significant impact on the perfection of Russian legislative system and law enforcement practice, particularly on the use of information obtained from confidential informants. The content of article 17 of the Federal law “On operational investigations” doesn’t contain any specification of individuals confidentially assisting law enforcement bodies and doesn’t comment on the admissibility of evidence obtained with their help. The research methodology includes the method of comparative jurisprudence, which is used to study the legal status of confidential informants; the method of comparative analysis, which is used to define the possibility to assist operative units during operational investigations. The author studies the decisions of the European Court of Human Rights, the topical problems of law enforcement practice related to the legal status of confidential informants of law enforcement bodies. The scientific novelty of the study consists in the analysis of statutory documents regulating the legal status of confidential informants of law enforcement bodies; in the proposals about the improvement of legislation on operational investigations. The author concludes about the need to reformulate article 17 of the Federal Law “On operational investigations”. 
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