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Криминалистика. Оперативно-разыскная деятельность как форма взаимодействия (самое важное)

Lecture notes, cheat sheets

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47. OPERATIONAL-SEARCH ACTIVITY AS A FORM OF INTERACTION

Operational-investigative activity - the type of activity carried out publicly and covertly by the operational units of state bodies authorized to do so by the Federal Law on Operative Investigative Activities, within the limits of their authority through the implementation of operational investigative measures in order to protect life, health, human and civil rights and freedoms, property, ensuring the protection of society and the state from criminal encroachments.

The tasks of operational-search activity are:

1) detection, prevention, suppression and disclosure of crimes, as well as identification and identification of persons who prepare them, commit or have committed them;

2) the implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading criminal punishment, as well as the search for missing persons;

3) obtaining information about events or actions that pose a threat to the state, military, economic or environmental security of the Russian Federation.

Legal basis for operational-investigative activities - The Constitution of the Russian Federation, the Federal Law "On Investigative Activities", other federal legislation and legal acts of federal state authorities adopted in accordance with them.

Operational-investigative activity is based on the constitutional principles legality, respect and observance of the rights and freedoms of man and citizen, as well as on the principles of conspiracy, a combination of overt and covert methods and means.

When carrying out operational-search activities, operational search activities: questioning, making inquiries, collecting samples for comparative research, test purchase, examination of objects and documents, observation, identification of a person, examination of premises, buildings, structures, terrain and vehicles, control of mail, telegraph and other messages, wiretapping, removal of information from technical communication channels, operational implementation, controlled delivery, operational experiment.

The bodies whose operational units have the right to carry out operational-search activities include:

1) internal affairs bodies of the Russian Federation;

2) bodies of the Federal Security Service;

3) federal bodies of state protection;

4) customs authorities of the Russian Federation;

5) Foreign Intelligence Service of the Russian Federation;

6) foreign intelligence agencies of the Ministry of Defense of the Russian Federation;

7) Federal Service for the Execution of Punishments;

8) bodies for control over the circulation of narcotic drugs and psychotropic substances.

Operational-investigative activity is the main form of interaction between the investigating authorities and the bodies of inquiry and other law enforcement agencies, expert institutions, and the public. This is explained by the fact that this type of activity is the main one for the investigating authorities.

There are two forms of interaction between the bodies carrying out operational-investigative activities with the bodies of inquiry:

1) procedural, which consists in giving written instructions by the investigator to the bodies of inquiry;

2) organizational, developed by practice and regulated by by-laws.

Authors: Aleinikov A.G., Salova E.E.

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