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).

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”. 

DOI: 10.25136/2409-7810.0.0.23038

Abstract: The subject of the research is the particularities of legal regulation of operative investigative arrest as part of operative investigative activities set forth by Article 6 of the Federal Law No. 144 of 12 August, 1995 'On Operative Investigative Activity'. According to the author of the article, current legal grounds for arrest do not consider particular features of investigative unit activities which causes certain difficulties in the law-enforcement practice. Taking into account the practical orientation of performing operative investigative arrest or seisure in the process of operative investigative activity, it is necessary to note that legal acts regulating this activity lack standards that would regulate the procedure, grounds and conditions and other aspects of applying operative investigative arrest or seizure. Based on the author, these standards should be described and fixed in legal documents. The author has used the following research methods: comparative law method to analyse legal grounds for arrest or seizure; and comparative analysis method to define conformity of possible operative subdivisions in the process of operative investigative arrest. The author focuses on oustanding problems of law-enforcement practice assocaited with the implementation of such enforcement measure as operative investigative arrest or seizure by operative subdivision officers. The scientific novelty of the research is caused by the fact that the author conducts an analysis of legal acts regulating the procedure and grounds for arrest and offers recommendations on how to improve operative investigative activity. The main conclusions of the research are as follows: there is a need to amend Article 15 of the Federal Law 'On Operative Investigative Activity' with particular legal standards regulating the grounds and conditions, procedure, and limits of operative investigative arrest or seizure of suspects or other persons in the process of operative investigative activity.