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Lecture notes, cheat sheets
Operational-search activity. Cheat sheet: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. THE CONCEPT OF OPERATIONAL SEARCH ACTIVITY ORD - the type of activity carried out publicly and covertly by the operational units of state bodies authorized to do so by the Law on OSA, within their powers through the implementation of OSA in order to protect life, health, rights and freedoms of a person and citizen, property, ensure the security of society and the state from criminal encroachment (Article 1 of the Law). OSD is one of the forms of law enforcement and, along with its other types (investigative, judicial, etc.), its purpose is to protect life, health, human and civil rights and freedoms, property, ensure the security of society and the state from criminal encroachments. ORD - kind of analogue of investigative activity. This is confirmed by the similar nature of the activities, for example: interrogation (operational-search activity) - interrogation (investigative action), examination of premises, buildings, structures, terrain and vehicles - search and seizure, identification of the person - identification, examination of objects and documents - expertise, etc. However, the ORD differs from investigative activity: it can be carried out behind the scenes, before a criminal case is initiated; when carrying out activities, it is not required to comply with the formalities required for investigative actions; The ORD, as its name implies, is operational in nature. The results of the ORM in many cases are grounds for initiating a criminal case and conducting investigative actions. As practice shows, the most complex crimes (committed by organized criminal groups, related to corruption, etc.) cannot be solved through only investigative actions. 2. OBJECTIVES AND PRINCIPLES OF OPERATIONAL SEARCH ACTIVITIES The tasks of the ORD are determined by the areas of activity in which it is carried out. Spheres of implementation of the ORD: 1. Combating crime: a) detection, prevention, suppression and disclosure of crimes, as well as the identification and identification of persons who prepare them, commit or have committed them; b) the implementation of the search for persons hiding from the bodies of inquiry, investigation and court, evading criminal punishment; c) search for the missing. 2. Ensuring the security of the Russian Federation: obtaining information about events or actions (inaction) that create a threat to the state, military, economic or environmental security of the Russian Federation. 3. Accident detection: tracing missing persons in non-criminal situations. ORD is based on the principles legality; respect and observance of human and civil rights and freedoms; conspiracies; combinations of overt and covert methods and means. Legality. All actions of the bodies carrying out the operational-search activity must be based on the law: “only what is allowed is allowed” (but not “what is not prohibited is allowed”). Respect and observance of human and civil rights and freedoms. Despite the fact that this principle is defined by the Law as independent, in fact it is a special case of the principle of legality - in the implementation of the operational-search activity, the rights and freedoms of a person and citizen, provided for by the Universal Declaration of Human Rights of 1948 and the Constitution of the Russian Federation, should be observed. Conspiracy. Taking into account the fact that the search operation is a kind of intelligence activity, conspiracy (secrecy, disguise) in the implementation of the search operation is one of the factors that make it possible to achieve success. For the purposes of secrecy, the Law on the Investigative Activity provides the authorities carrying out the investigative activity the right to use documents that encrypt the identity of officials, the departmental affiliation of enterprises, institutions, organizations, divisions, premises and vehicles of the authorities engaged in the investigative activity, as well as the identity of citizens assisting them on a confidential basis. basis. A combination of overt and covert methods and means. One of the differences between the OSA and other types of law enforcement activity is the possibility of its implementation behind the scenes (i.e., in secret from third parties). The choice of methods and means by the body carrying out the operational-search activity depends on the objectively prevailing situation and is determined independently by the specified body. 3. LEGAL BASIS FOR OPERATIONAL SEARCH ACTIVITIES The legal basis of the ORD is international acts and national legislation (normative legal acts of the Russian Federation). Depending on the position in the legal hierarchy, these acts can be divided into groups: international acts and national legislation (laws, acts of the President, Government, departmental acts). К international acts include: 1) acts of a general nature ratified, approved, adopted by the Russian Federation or to which the Russian Federation has acceded: the Universal Declaration of Human Rights of 1948; International Covenant on Civil and Political Rights 1966; 2) bilateral and multilateral acts with the participation of the Russian Federation: a) at the level of the governments of the respective states; b) at the level of the competent authorities of the respective states; 3) acts of a recommendatory nature (Model Law "On Operational Investigative Activities" of 1997 (adopted at a meeting of the Interparliamentary Assembly of the CIS Member States)). National legislation consists of: a) the Constitution of the Russian Federation (inviolability of private life, personal and family secrets, protection of one's honor and good name, the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages, etc.); b) The law "On operational-investigative activity" - a legal act that regulates the basics of the operational-search activity. The Law provides the concept of the operational-search activity, defines its tasks and principles, establishes the basis for conducting the operational-search activity (their list, grounds, conditions, information support for the conduct), documenting the results of the operational-search activity and their use, the grounds and procedure for judicial review of materials on the restriction of the constitutional rights of citizens during the ORM. The Law discloses the list of bodies carrying out the operational-search activity, their rights and obligations, the protection of information about them, the social and legal protection of officials of the bodies carrying out the operational-search activity. The law provides for legal and social protection for citizens, assisting agencies engaged in operational-search activity, and also contains provisions on control and supervision of operational-search activities; c) other federal laws, as well as the Codes: • Criminal Code; • Code of Criminal Procedure; • Laws of the Russian Federation "On Security", "On State Secrets", "On Appeal to Court of Actions and Decisions Violating the Rights and Freedoms of Citizens", "On State Protection of Judges, Officials of Law Enforcement and Supervisory Bodies", "On the Prosecutor's Office of the Russian Federation" ; • Federal laws that establish the basis for the activities of agencies engaged in operational-search activity ("On the Police", "On the Federal Security Service", "On State Protection", "On Foreign Intelligence", "On the State Border of the Russian Federation", "On Narcotic Drugs and Psychotropic substances", "On institutions and bodies executing criminal penalties in the form of deprivation of liberty", "On the detention of suspects and accused of committing crimes", etc.); 4. SUB-LEGISLATIVE NORMATIVE LEGAL ACTS GOVERNING ORD 1. Regulatory legal acts of the President of the Russian Federation: "On streamlining the organization and conduct of ORM using technical means" (Decree of the President of the Russian Federation of 1995); List of information classified as state secrets (approved by Decree of the President of the Russian Federation of 1995). 2. Normative legal acts of the Government of the Russian Federation: Regulations on the National Central Bureau of Interpol (approved by the Decree of the Government of the Russian Federation of 1996); Instruction on the procedure for admitting officials and citizens of the Russian Federation to state secrets (approved by Decree of the Government of the Russian Federation of October 28, 1995 No. 1050); List of types of special technical means intended (designed, adapted, programmed) for secretly obtaining information in the process of implementing the operational-search activity (approved by Decree of the Government of the Russian Federation of July 1, 1996 No. 770); 3. Interdepartmental and departmental regulatory legal acts of the bodies carrying out the operational-search activity, the Prosecutor General's Office of the Russian Federation and other bodies ("open"): 1) "On the procedure for the provision by internal affairs bodies of materials for the implementation of prosecutorial supervision over the implementation of the Federal Law "On operational-search activity" (Instruction of the Prosecutor General's Office of Russia and the Ministry of Internal Affairs of Russia, 1996); 2) Instruction on the procedure for presenting the results of operational-search activities to an interrogating officer, body of inquiry, investigator, prosecutor or court, approved by order of the Ministry of Internal Affairs of Russia, the Federal Security Service of Russia, the Federal Security Service of Russia, the Federal Customs Service of Russia, the Foreign Intelligence Service of Russia, the Federal Penitentiary Service of Russia, the Federal Drug Control Service of Russia, the Ministry of Defense of Russia (2007 ); 3) "On the Organization of Supervision over the Implementation of the Federal Law "On Operative and Investigative Activities" (Order of the Prosecutor General's Office of Russia in 2000); 4) "On the technical requirements for the system of technical means to ensure the functions of operational-search activities and on the telecommunication networks of the Russian Federation" (Order of the State Communications Committee of Russia, 1999); 5) Regulations on the procedure for financing from the federal budget of the ORM, approved by order of the Ministry of Finance of Russia in 2001 Most of the acts of the last group are of a closed nature (intended exclusively for official use) and relate to the organization and tactics of conducting an ORM, the use of forces and means, etc. 5. BODIES CARRYING OUT OPERATIONAL SEARCH ACTIVITIES On the territory of the Russian Federation, the right to carry out an operational-search activity provided to operational units: - bodies of internal affairs of the Russian Federation; - bodies of the federal security service; - federal bodies of state protection; - customs authorities of the Russian Federation; - Foreign Intelligence Service of the Russian Federation; - Federal Service for the Execution of Punishments; - authorities for control over the circulation of narcotic drugs and psychotropic substances; - the foreign intelligence body of the Ministry of Defense of the Russian Federation (carries out an operational search only for the purpose of ensuring the security of the said foreign intelligence agency and if the conduct of these activities does not affect the powers of other agencies carrying out the operational search). The list of bodies carrying out operational-search activities may be amended or supplemented only by a federal law. The heads of these bodies determine the list of operational units authorized to carry out the operational-search activity, their powers, structure and organization of work. At present, the bodies carrying out the operational-search activity belong to the following federal executive bodies: - bodies of internal affairs of the Russian Federation - the Ministry of Internal Affairs of the Russian Federation; - bodies of the federal security service - the Federal Security Service of the Russian Federation; - federal bodies of state protection - the Federal Security Service of the Russian Federation; - customs authorities of the Russian Federation - the Federal Customs Service; - authorities for the control of the circulation of narcotic drugs and psychotropic substances - the Federal Service of the Russian Federation for the Control of Drugs. Bodies carrying out the investigative activity solve the tasks defined by the Law on the investigative activity exclusively within the limits of their powers established by the relevant legislative acts of the Russian Federation ("On the Police", "On the Federal Security Service", "On the State Border of the Russian Federation", "On the State Guard", " On foreign intelligence", "On narcotic drugs and psychotropic substances", the Customs Code of the Russian Federation, the PEC, etc.). Operational subdivisions of the bodies carrying out the operational-search activity have the right to conduct, together with the employees of the penitentiary system, the operational activities in the pre-trial detention centers of the penitentiary system. 6. OPERATIONAL UNIT AND ITS TYPES Operational division - the subdivision directly carrying out the operational-search activity. Operational subdivisions are part of the bodies, determined by the Law on Investigative Activities, which carry out investigative activities; the list of such subdivisions is determined by departmental regulatory legal acts. Depending on the volume of tasks performed operational units can be the main department, administration, service, department, group, etc. Depending on the on the nature of the tasks performed There are the following types of operational units: 1. Departments of planning and organization of ORM. 2. Subdivisions of ORM (according to areas of activity): a) profile - to combat organized crime, smuggling, economic offenses, crimes in the financial sector, etc.; b) on interaction with authorities of other states (organization of interaction with authorities of foreign countries and operational transfers, preparation and conduct of international operations, combating international terrorism and transnational organized crime); at) operational search (search, outdoor surveillance, covert surveillance, installation, operational installation, operational transport units); d) active and special events; d) special programs; f) special checks. 3. Subdivisions of technical support for carrying out ORM: a) operational and technical support of special events; b) engineering, information, electronic and computer security. 4. Subdivisions of information support for conducting ORM: operational records; operational information processing; operational-analytical; operational forecast; special studies and expert assessments; database management. 5. Other subdivisions for ensuring the conduct of ORM: combat and special training; own security; state protection (active measures, physical protection); cynological units. In the absence of operational-search subdivisions in the relevant body, the duties related to the implementation of the operational-search activity are performed by persons holding separate positions. 7. CONCEPT AND TYPES OF OPERATIONAL AND SEARCH SUBJECTIVENESS Operational-investigative jurisdiction - the delimitation of competence for conducting ORM between the bodies that carry out ORD. Subordination types: 1) subject depending on the nature of the offence. It is determined based on the areas of activity of the bodies carrying out the operational-search activity. The following areas of activity are assigned to the jurisdiction of the relevant authorities by the legislation of the Russian Federation: a) internal affairs bodies of the Russian Federation: ensuring the security of the individual; prevention and suppression of crimes and administrative offenses; detection and disclosure of crimes; protection of public order and ensuring public safety; protection of private, state, municipal and other forms of ownership; b) bodies of the federal security service: counterintelligence activities (identification, prevention, suppression of intelligence and other activities of special services and organizations of foreign states, as well as individuals aimed at causing damage to the security of the Russian Federation); combating crime and terrorist activities; intelligence activities; border activities; ensuring information security; other activities determined by federal legislation; c) federal bodies of state protection: ensuring the security of objects of state protection; d) customs authorities of the Russian Federation: detection, prevention, suppression and disclosure of crimes, the production of urgent investigative actions and inquiries on which the criminal procedural legislation of the Russian Federation is assigned to the jurisdiction of the customs authorities, the identification and identification of persons preparing, committing or committing them; e) Foreign Intelligence Service of the Russian Federation: obtaining and processing information about real and potential opportunities, actions, plans and intentions of foreign states, organizations and persons affecting the vital interests of the Russian Federation; f) Federal Service for the Execution of Punishments; g) bodies for control over the circulation of narcotic drugs and psychotropic substances: counteraction to illicit trafficking in narcotic drugs, psychotropic substances and their precursors; h) foreign intelligence agency of the Ministry of Defense of the Russian Federation: conducts ORM only for the purpose of ensuring the security of the specified foreign intelligence body; 2) territorial - depending on the place where the crime was committed. It is determined in accordance with the administrative-territorial division of the Russian Federation (district, region, republic within the Russian Federation) and the competence of the bodies, which include subdivisions that carry out the operational-search activity, to service the relevant area; 3) personal - in relation to certain objects (for example, bodies of the federal security service in the troops (military counterintelligence) - in relation to the Armed Forces of the Russian Federation, other troops and military formations, as well as their command and control bodies; each body carrying out a search operation independently ensures its own security). 8. RIGHTS AND OBLIGATIONS OF AUTHORITIES IMPLEMENTING ORD When solving the tasks of the operational-search activity defined by the Law on the operational-search activity, the bodies authorized to carry it out are required to: 1. Take, within the limits of its authority, all necessary measures to protect the constitutional rights and freedoms of man and citizen, property, as well as to ensure the security of society and the state. 2. Execute, within the limits of their authority, instructions in writing from the body of inquiry, the investigator, the head of the investigative body and the court's decision to conduct an ORM on criminal cases accepted by them for proceedings. 3. Fulfill, on the basis and in the manner prescribed by international treaties of the Russian Federation, requests from relevant international law enforcement organizations, law enforcement agencies and special services of foreign states. 4. To inform other bodies carrying out search-and-detachment activities on the territory of the Russian Federation about the facts of illegal activities that have become known to them, which fall within the competence of these bodies, and to provide these bodies with the necessary assistance. 5. Comply with the rules of conspiracy in the implementation of the operational-search activity. 6. To assist in ensuring, in accordance with the procedure established by the legislation of the Russian Federation, the safety and security of the property of their employees, persons assisting the authorities engaged in operational-search activity, participants in criminal proceedings, as well as family members and relatives of these persons from criminal encroachments. When solving the tasks of the operational-search activity, the bodies authorized to carry it out they have a right: 1. Conduct openly and secretly the ORM listed in the law, seize items, materials and messages during their implementation, as well as interrupt the provision of communication services in the event of an immediate threat to the life and health of a person, as well as a threat to state, military, economic or environmental security of the Russian Federation . 2. Establish, on a gratuitous or reimbursable basis, cooperation relations with persons who have expressed their consent to provide assistance on a confidential basis to the authorities engaged in operational-search activity. 3. To use office premises, property of enterprises, institutions, organizations, military units, as well as residential and non-residential premises, vehicles and other property of individuals in the course of the ORM under a contract or oral agreement. 4. Use for the purposes of secrecy, documents that encrypt the identity of officials, the departmental affiliation of enterprises, institutions, organizations, divisions, premises and vehicles of the bodies carrying out the search, as well as the identity of citizens who assist them on a confidential basis. 5. Create, in accordance with the procedure established by the legislation of the Russian Federation, enterprises, institutions, organizations and subdivisions necessary to solve the tasks provided for by law. Failure to comply with the lawful requirements of officials of the bodies carrying out the operational-search activity, or obstruction of its legal implementation, entails liability under the legislation of the Russian Federation. 9. POWERS OF A JUDGE DURING ORD During the implementation of the OSA the judge has the right on the basis of the Law on OSA: 1) to demand from the body carrying out the operational-search activity documents containing information about the information, which was refused to be provided to the applicant, with the exception of information about persons embedded in organized criminal groups, about full-time covert employees of the bodies, carrying out the operational-search activity, and about persons assisting them on a confidential basis; 2) to oblige the specified body to provide the applicant with information (in case the decision of the body carrying out the search warrant to refuse to provide the necessary information to the person who believes that the actions of the bodies carrying out the search warrant have led to a violation of his rights and freedoms is recognized as unreasonable); 3) by their own written decision to instruct the body, carrying out the operational-search activity, to carry out the operational-search activity; 4) to consider a complaint of a person who believes that the actions of the bodies carrying out the operational-search activity have led to a violation of his rights and freedoms; 5) to demand not to destroy the ORM materials, the destruction of which the authorities notify him three months before the destruction of the materials; 6) to allow or refuse to conduct an OIA that restricts the constitutional rights of citizens, on the basis of a reasoned decision of one of the heads of the body conducting the OIA; 7) single-handedly and immediately consider (has no right to refuse to consider materials if they are submitted) materials on the restriction of the constitutional rights of citizens (carried out by the court, as a rule, at the place where such events are held or at the location of the body applying for their holding); 8) make a court decision (no later than 48 hours from the moment the ORM was started) on conducting or refusing to conduct an ORM in cases that brook no delay and may lead to the commission of a serious crime, as well as in the presence of data on events and actions that create a threat to the state, military, economic or environmental security of the Russian Federation. The judge must: 1) resolve the issue of extending the period of validity of the resolution on the permission to conduct an ORM, which restricts the constitutional rights of citizens, on the basis of newly submitted materials; 2) to return to the initiator of the ORM his materials simultaneously with the resolution certified by the seal; 3) not to assist, on a confidential basis, the authorities carrying out the operational-search activity; 4) protect the information contained in the operational documents submitted to the judge. The referee must be notified within 48 hours on listening to the conversations of individuals conducted from their phones, in the event of a threat to life, health, property, upon their application or with their consent in writing on the basis of a resolution approved by the head of the body carrying out the operational-search activity. Operational and official documents reflecting the results of the operational-search activity are submitted to the judge who is in charge of the criminal case, only in the manner and in the cases established by the Law on the operational-search activity. 10. POWERS OF THE PROSECUTOR, INVESTIGATOR, HEAD OF THE INVESTIGATING AUTHORITY, INTERESTING BODY AND AUTHORITY SUPERIOR TO THE AUTHORITY IMPLEMENTING THE ORD 1. The powers of the prosecutor in the course of the operational-search activity on the basis of the Law on the operational-search activity. The prosecutor has the right: to consider a complaint of a person who believes that the actions of the bodies carrying out the operational-search activity have led to a violation of his rights and freedoms; on their own, by their written instruction, instruct the body carrying out the operational-search activity to conduct an operational-search activity; take measures to restore the rights and legitimate interests, compensate for the harm caused in case of violation by the body (official) carrying out the operational-search activity of the rights and legitimate interests of individuals and legal entities. The prosecutor must: not to assist, on a confidential basis, the authorities carrying out the operational-search activity; carry out prosecutorial supervision over the operational activities: a) request from the heads of the bodies carrying out the operational-search activity, operational and official documents, including operational records, materials on the conduct of the operational-technical activities using operational-technical means, as well as registration documentation and departmental regulatory legal acts regulating the procedure for conducting the operational-technical activities; b) to demand from the heads of the bodies, carrying out the operational-search activity, information about the persons embedded in organized criminal groups, about the full-time secret employees of the bodies, carrying out the operational-search activity, as well as about the persons providing assistance to these bodies on a confidential basis, in cases requiring their involvement in a criminal liability, without the written consent of these persons; protect the information contained in the operational documents and materials submitted to him. Operational and official documents reflecting the results of the operational-search activity are submitted to the prosecutor who is in charge of the criminal case, only in the manner and in the cases established by the Law on the operational-search activity. 2. The powers of the investigator, head of the investigative body, body of inquiry in the ORD. The investigator has the right to independently (each with his own) written assignment to instruct the body conducting the operational-search activity to conduct an operational-search activity. 3. Powers of the body higher in relation to the body carrying out the operational-search activity in the operational-search activity. This body: has the right to consider a complaint of a person who believes that the actions of the bodies carrying out the operational-search activity have led to a violation of his rights and freedoms; is obliged to take measures to restore the rights and legitimate interests, compensation for damage caused in case of violation by the body (official) carrying out the operational-search activity, the rights and legitimate interests of individuals and legal entities. 11. CONCEPT, TYPES OF OPERATIONAL AND SEARCH MEASURES ORM - these are specific actions carried out in the implementation of the ORD, an exhaustive list of which is determined by the Law on ORD; are structural elements of the ORD, which in their totality form the ORD itself. List of ORM (may be amended or supplemented only by federal law). 1. Survey. 2. Inquiry. 3. Collection of samples for comparative study. 4. Test purchase. 5. Study of objects and documents. 6. Observation. 7. Personal identification. 8. Inspection of premises, buildings, structures, terrain and vehicles. 9. Control of mail, telegraph and other messages. 10. Listening to telephone conversations. 11. Removing information from technical communication channels. 12. Operational implementation. 13. controlled delivery. 14. operational experiment. Depending on their content and the order in which they are carried out ORM can be classified on the following grounds: 1) depending on the attitude to the constitutional rights of citizens: a) restricting constitutional rights (to the secrecy of correspondence, telegraph messages, telephone conversations and the inviolability of the home) (for example, inspection of premises, buildings, structures; control of postal items, telegraph and other messages); b) non-limiting constitutional rights (other ORM); 2) depending on secrecy: a) ORMs that are conducted both publicly and privately (for example, interviewing, making inquiries, collecting samples for comparative research); b) ORM, which are carried out behind the scenes (for example, control of postal items, telegraph and other messages, wiretapping of telephone conversations, removal of information from technical communication channels); 3) depending on the use of technical means (special technical means designed to secretly obtain information in the process of implementing the operational-search activity): a) ORM, during which the specified technical means can be used (for example, examination of objects and documents, observation, identification of a person); b) ORM, during which the specified technical means are not used (other ORM); 4) depending on the affiliation of the operational and technical forces and means used: a) ORM carried out by the body carrying out the ORD, using the forces and means of the federal security service, internal affairs bodies and drug control authorities (for example, control of postal items, telegraph and other messages, removal of information from technical communication channels); b) ORM, carried out by the body carrying out the ORD, using its own forces and means (other ORM). 12. GROUNDS FOR ORM 1. The presence of an initiated criminal case. 2. Information about: - signs of an unlawful act being prepared, being committed or committed, as well as about the persons preparing, committing or having committed it, if there is not sufficient data to resolve the issue of initiating a criminal case; - events or actions (inaction) that create a threat to the state, military, economic or environmental security of the Russian Federation; - persons hiding from the bodies of inquiry, investigation and court or evading criminal punishment; - missing persons, and the discovery of unidentified corpses. 3. Orders of the investigator, the head of the investigative body, the body of inquiry or the ruling of the court on criminal cases that are in their proceedings. 4. Requests from other authorities, carrying out the operational-search activity, on the grounds specified in this article. 5. Resolution on the application of security measures in relation to protected persons, carried out by authorized state bodies in the manner prescribed by the legislation of the Russian Federation. 6. Requests from international law enforcement organizations and law enforcement agencies of foreign states in accordance with international treaties of the Russian Federation. Bodies carrying out operational-search activity, within the limits of their powers, also have the right to collect data necessary for decision-making: 1) on access to information constituting a state secret; 2) on admission to work related to the operation of facilities that pose an increased danger to human life and health, as well as to the environment; 3) on admission to participation in the operational-search activity or on access to materials obtained as a result of its implementation; 4) on the establishment or maintenance of cooperation relations with the person in the preparation and conduct of the ORM; 5) to ensure the security of the bodies carrying out the operational-search activity; 6) on the issuance of permits for private detective and security activities. 13. GENERAL CONDITIONS FOR CARRYING OUT ORM The general conditions for conducting an OIA are established in the Law on OIA. Citizenship, nationality, gender, place of residence, property, official and social status, belonging to public associations, attitude towards religion and political beliefs of individuals are not an obstacle to conduct ORM with respect to them on the territory of the Russian Federation, unless otherwise provided by federal law. Carrying out ORM, which restrict the constitutional rights of a person and a citizen to the secrecy of correspondence, telephone conversations, postal, telegraph and other messages transmitted over electric and postal networks, as well as the right to inviolability of the home, is allowed on the basis of a court decision and in the presence of information about: 1) signs of an unlawful act being prepared, being committed or committed, on which the conduct of a preliminary investigation is mandatory; 2) persons who are preparing, committing or have committed an unlawful act, for which the conduct of a preliminary investigation is mandatory; 3) events or actions (inaction) that create a threat to the state, military, economic or environmental security of the Russian Federation. In cases that do not tolerate delay and may lead to the commission of a grave or especially grave crime, as well as in the presence of these events and actions (inaction) that pose a threat to the state, military, economic or environmental security of the Russian Federation, on the basis of a reasoned decision of one of the heads of the body , carrying out the ORD, it is allowed to conduct the ORM, provided for in Part 2 of Art. 8 of the Law on OSA, with the obligatory notification of the court (judge) within 24 hours. Within 48 hours from the start of the ORM, the body implementing it is obliged to obtain a court decision on the conduct of such an ORM or terminate it. In the course of the ORM, information systems, video and audio recording, film and photography, as well as other technical and other means that do not harm human life and health and do not harm the environment are used. Officials of the bodies carrying out the operational-search activity solve its tasks through personal participation in the organization and conduct of the operational-search activity, using the assistance of officials and specialists with scientific, technical and other special knowledge, as well as individual citizens with their consent on a public and private basis. Never carrying out an operational search and the use of special and other technical means intended (developed, adapted, programmed) for secretly obtaining information by individuals and legal entities not authorized to do so by the Law on the operational activities. 14. GROUNDS AND PROCEDURE FOR JUDICIAL CONSIDERATION OF MATERIALS ON THE LIMITATION OF THE CONSTITUTIONAL RIGHTS OF CITIZENS DURING ORDA Consideration of materials on the restriction of the constitutional rights of citizens to the secrecy of correspondence, telephone conversations, postal, telegraphic and other messages transmitted via electric and postal networks, to the inviolability of the home during the ORM is carried out by the court, as a rule, at the place where such events are held or at the location of the body applying for their holding. These materials are considered by the authorized judge solely and immediately. The judge is not entitled to refuse to consider such materials if they are presented. The basis for the decision by the judge of the issue of conducting an ORM, limiting the above constitutional rights of citizens, is a reasoned decision of one of the heads of the body carrying out the operational-search activity. The list of categories of such managers is established by departmental regulations. At the request of the judge, he may also be presented with other materials relating to the grounds for conducting an operational search, with the exception of data on persons embedded in organized criminal groups, on full-time covert employees of the bodies carrying out the operational activities, and on persons assisting them on a confidential basis, on the organization and about the tactics of conducting ORM. Based on the results of consideration of these materials, the judge authorizes the conduct of the relevant ORM, which restricts the constitutional rights of citizens or refuses to conduct it, about which he issues a reasoned decision. The decision, certified by the seal, is issued to the initiator of the ORM simultaneously with the return of the materials submitted by him. The period of validity of a ruling issued by a judge is calculated in days from the date of its issuance and cannot exceed six months, unless otherwise specified in the ruling itself. In this case, the period is not interrupted. If it is necessary to extend the period of validity of the decision, the judge issues a court decision on the basis of the newly submitted materials. In the case of if the judge refused to conduct an ORM, which restricts the constitutional rights of citizens specified in the Law on OSA, the body carrying out OSA has the right to apply on the same issue to a higher court. The heads of the judiciary create conditions that ensure the protection of the information contained in the operational documents submitted to the judge. 15. SURVEY: ORM SUMMARY Interview - ORM, which consists in communicating independently or through third parties with the person being interviewed. The survey can be conducted both by the operational officer himself, and by a third party on his behalf, both openly and behind the scenes. The interviewees usually include: a) persons who could accidentally witness the crime and (or) who cooperate with the authorities (taxi drivers, bartenders, shop assistants, etc.); b) persons from among the environment of the object of interest (for example, relatives, roommates, work colleagues); at) persons who have previously committed crimes and live in the study area, etc. There are no restrictions related to the location of the survey: it can be carried out both in the office and on the street, at the scene of an incident, etc. The survey can be carried out both in direct communication with a person and by contacting him by phone, via the Internet, etc. It is important to be prepared for the interview - determine the type of personality of the interviewee, choose the appropriate setting if possible, determine the range of questions that would be appropriate to ask at the meeting, as well as the tactics of the survey. Since the interviewee, unlike his interrogation, is not responsible for refusing to provide information, the operational officer needs to find that psychological "key" to the interviewee, which will allow him to obtain the necessary information. The event can be held in the form of a conversation, in which the moments of interest to the operational employee are only casually touched upon (shift of emphasis), in order to obtain information from the respondent, who is unaware of the true purpose of the survey. When conducting a survey, fixing equipment (audio-video filming, etc.) can be used openly or secretly from the interviewee. The consent of the respondent to the use of the equipment is not required. When conducting an interview, it is advisable to provide the interviewee with means to refresh memories, for example, sample documents, books with tattoo samples, if necessary. With the consent of the interviewee, hypnosis can be used. The survey can be conducted using a polygraph (lie detector). In the process of such a survey, the manifestation of human emotions, fear, stress, the activity of the nervous system and brain, the work of the respiratory system, the cardiovascular system are controlled, physiological changes in the body are evaluated during emotional stress. See question 16 for information on conducting a polygraph interview. Poll Results can be issued by a certificate or report of an operational officer. If available, explanations and other documents of the interviewees may be attached to them. These documents are of operational importance. 16. POLYGRAPH SURVEY (GENERAL CHARACTERISTICS) The procedure for using a polygraph is regulated by departmental legal acts, one of which is the Instruction on the procedure for conducting an ORM - a survey in the form of a special psychophysiological study in the federal tax police, approved by order of the Federal Tax Service of Russia in 2002. In accordance with the Instructions, a survey using a polygraph or special psychophysiological study (SPFI) - a survey conducted using technical means that do not harm the life and health of people and do not harm the environment, in order to assess the reliability of the information provided by the person being interviewed. The SPFI is a public ORM, which is performed by a specialist polygraph examiner who has special training received in the relevant training and education centers, confirmed by the appropriate certificate (diploma). SPFI is a survey procedure associated with the control and analysis of the physiological and (or) psychological indicators of the interviewed person. In the process of SPFI, the manifestation of human emotions, fear, stress, the activity of the nervous system and brain, the work of the respiratory system, the cardiovascular system are controlled, physiological changes in the body are evaluated during emotional stress. Polygraph - the most common technical tool used to conduct the PFO. There are ink-writing and computer polygraphs. Polygraphs or other technical devices that are used during the SPFI and require the placement of physiological registration sensors on the body of the interviewed person must meet the electrical safety requirements for biomedical equipment. The SPFI is carried out only after obtaining the written consent of the person to be studied, recorded in the statement of consent to undergo a special psychophysiological study. In order to obtain consent to undergo the SPFI, it is prohibited to put pressure on the person in respect of whom it is supposed to be carried out. The refusal of such a person to participate in the conduct of the SPFI should not entail the infringement of his legitimate rights and interests. The specialist must: - inform the person being interviewed about the reason for the survey (conducting the SPFI); - at any time, at the request of the interviewed person, stop the survey; - exclude questions to which the respondent refuses to answer; - ask questions taking into account the clarifications of the person being interviewed. During the SPFI, all questions asked to the person being interviewed must be discussed with him in advance and not infringe on the constitutional rights of the individual in their content. 17. ORDER OF SURVEY USING THE POLYGRAPH In order to organize the conduct of the test, an appropriate task is sent to the subdivision that has been granted the right to conduct the test. Assignment for conducting the SPFI the initiator of the SPFI (the subdivision carrying out the operational-search activity) approves from the relevant official. Initiator provides the specialist allocated for the SPFI with information and materials (operational and personal files, photo, audio and video materials, certificates, messages, expert opinions, etc.) necessary for organizing a specific SPFI. The nature and scope of materials and information is determined by the specialist. The initiator recommends that persons referred for SPFI, on the eve of the study, exclude heavy physical or mental stress, the use of alcoholic beverages and psychotropic substances. The SPFI is carried out in an isolated office or other isolated room that meets the general sanitary and hygienic standards for residential premises. During the SPFI, an open audio or video recording may be carried out with the notification of the interviewed person and written confirmation of his consent to this. The specialist draws up conclusions based on the results of the SPFI in the form conclusions (references) a specialist based on the results of a special psychophysiological study. The Conclusion should indicate the questions posed for clarification; the methods and means used during the implementation; conclusions based on the results of the SPFI; significant features of the SPFI and the behavior of the interviewed person, as well as an analysis of the registered psychophysiological data, from which the conclusions of the specialist follow. The conclusion is sent to the address of the initiator in a sealed package marked "Personally", the procedure for storing and handling it must comply with the established requirements. Presentation of the results of the SFI to the interviewee is carried out at his request. SPFI is not carried out: a) for persons under the age of 14. Questioning of persons over 14 years of age, but under 18 years of age, is allowed only with the written consent of one of the parents; b) in order to predict the actions of the interviewed person or his intentions, not supported by specific actions; at) if the specialist is in official or other dependence on the interviewed person; d) if the specialist is directly or indirectly interested in any result of the SFI. The specialist is obliged to stop the SPFI: a) if the specialist finds grounds for an unsatisfactory assessment of the health status of the interviewed person or the possibility of deterioration of his health in connection with the SPFI; b) if the interviewed person refuses to participate in the continuation of the SFI; at) in case of inadequacy of the psychophysiological reactions of the interviewed person; d) in case of violation of the compliance of the conditions for conducting the test with the necessary methodological requirements; d) in case of aggressive behavior of the interviewed person during the SPFI. 18. INQUIRY Inquiry - ORM, which consists in obtaining information from various databases, forensic and operational records, by sending requests to various organizations, as well as citizens. Inquiries are carried out in order to obtain information about the person being checked: his lifestyle, location, family and friendship ties, the presence of real estate, registration at the place of residence, ownership of telephone numbers, the owner of the vehicle, a criminal record, the issuance of identity documents and service certificates , the presence of weapons, etc. When working out the connections of a person, information can be obtained from the authorities at the place of his residence, from the PRUE DEZ, house management, polyclinic, from the place of study, work, military service, from places of rest, from places of deprivation of liberty. Taking into account the content of the information received, the event may be carried out: publicly, behind the scenes and without indicating the purpose of data collection when receiving information from citizens and organizations; with the preparation of the necessary documents (requests) or without it; directly by an operational officer, on his instructions by an employee of the operational-technical and search service, on the instructions of an operational officer by a confidant. Bodies that carry out the search for information send written requests to the authorities and various organizations that provide relevant information free of charge, except in cases where the law establishes a special procedure for obtaining it. A special procedure for obtaining information is provided for information of a confidential nature, which, in accordance with the List approved by the Decree of the President of the Russian Federation in 1997, includes: a) information constituting the secret of the investigation and legal proceedings; b) official information, access to which is limited by public authorities (official secret); at) information related to professional activities (medical, notarial, lawyer, banking secrecy, secrecy of insurance, correspondence, telephone conversations, postal items, telegraphic or other messages, etc.); d) information related to commercial activities (trade secret). In the process of making inquiries, various databases are widely used. The procedural value is represented by the data received at the request of official organizations and the materials sent by them (documents or information on various media). These data can later be attached to the criminal case as evidence. Other information (drawn up in a report or certificate of an operational officer) is of operational interest. 19. SAMPLE COLLECTION FOR COMPARATIVE STUDY Collection of samples for comparative study - ORM, which consists in the detection, fixing, seizure and preservation of objects and substances, as well as other samples in order to check whether a person has left traces in a certain place or on certain objects, as well as in order to identify their features and signs to solve the tasks of the operational-search activity . This event is very similar to the procedural action - obtaining samples for a comparative study (Article 202 of the Code of Criminal Procedure), however procedural requirements do not apply to it and it can be carried out behind the scenes. Samples there may be objects (for example, car parts similar to stolen ones, samples of counterfeit banknotes), substances (human secretions - blood, saliva) and other samples. Samples are collected in the amount necessary and sufficient for the study, and must be suitable for the study (contain signs by which it will be possible to identify them or determine their belonging to the object of which they were a part). After the samples are found, they are appropriately packaged and sent in the prescribed manner for the production of a comparative study. In the process of collecting samples, it is prohibited to perform actions that endanger the life, health of citizens or degrade their human dignity. The event is held publicly, silently (for example, when examining official documents compiled by a person in an archive in order to obtain samples of his handwriting; in case of covert fingerprinting - by seizing a magazine that a person read, leaving fingerprints on it), as well as when receiving samples from a person who does not know about the true purpose of presenting these samples (under the guise of testing in a clinic). During the event, may be involved experts and persons with relevant specialized knowledge, as well as apply technical means - measuring, optical, comparative instruments and instruments. The fact of sample collection is documented by an act, which is drawn up by an operational officer and which indicates the place and date of sample collection, position, surname and initials of the person who drew up the act, surname, name and patronymic of each person who participated in the collection of samples; the actions are described in the order in which they were performed, the significant circumstances identified during their production, the statements of the persons involved are stated; the applied technical means, the conditions and procedure for their use, the objects to which these means were applied, and the results obtained are indicated. In the case of a covert collection of samples, the operational officer draws up the results of the ORM report or statement, to which he attaches the received samples. 20. TEST PURCHASE test purchase - ORM, which consists in the controlled acquisition of property for a fee by the body carrying out the ORD, or on its behalf by a third party, as part of the solution of the tasks of the ORD. Acquisition of property may not comply with the legislation of the Russian Federation: acquired property may be limited in circulation or withdrawn from civil circulation (weapons, drugs, etc.). The event is held behind the scenes (the seller or person otherwise alienating the property is unaware of the true purpose of the acquisition). Most test purchases are made in the field of economic turnover and drug trafficking. Audits of the financial and economic activities of commercial organizations, as a rule, begin with a test purchase. Through the event, it is possible to identify, for example, whether the goods being sold are of good quality, whether the goods comply with certification legislation, whether there are excise stamps on the goods, etc. Since the acquisition of items whose circulation is limited or prohibited formally falls under the signs of a crime under the Criminal Code of the Russian Federation - Art. 222 (in relation to weapons, their main parts, ammunition, explosives and explosive devices), Art. 228 (in relation to narcotic drugs, psychotropic substances or their analogues), etc., a test purchase is carried out on the basis of a resolution approved by the head of the relevant body. The event begins with the fact that the operational employee, under the guise of an ordinary buyer, purchases goods from the seller. Three people can participate in the event - an employee and two citizens. In this case, all three purchase goods in turn. After the property has been alienated by the seller, the operational officer introduces himself to him, presents his official ID, announces that a test purchase has been made, and acquaints him with the decision to conduct a test purchase. After that, the received property, limited in circulation or withdrawn from circulation, is withdrawn, and the property not limited in circulation is checked for compliance with the established quality, a certain price, weight, etc. An appropriate act is drawn up by the operational employee on the progress of the event. A test purchase, which is carried out when crimes of a repeated nature are detected (for example, the systematic sale of drugs in small amounts), can be carried out several times (with the involvement of third parties by the operational officer) with an announcement to the person about the test purchase only for the last time. Based on the results of the first purchases, acts, which, for obvious reasons, are not communicated to the person alienating the property. In the process of holding an event, technical means and substances are used to capture its progress and results (hidden audio and video recording tools, special powders for processing banknotes or documents that glow under ultraviolet light, etc.). 21. RESEARCH OF SUBJECTS AND DOCUMENTS Study of objects and documents - ORM, which consists in the study of objects and documents by a person with special knowledge, in order to check whether the objects and documents under study are means or instruments of crime, as well as to identify their features and signs to solve the tasks of the ORD. Being an analogue of forensic examination, the study of objects and documents is carried out in cases where special knowledge is required that the operational officer does not possess. Objects are objects of the material world. Study subjects include: 1) identification of the object under study with objects, information about which is already available (for example, fingerprints, bullets, cartridge cases, human excretions); 2) identification of belonging to the object, of which the object under study was a part (broken things, torn clothes, scraps of paper, etc.). Document - information recorded on a material carrier with details that allows its identification. The document can be executed both on paper and in electronic form (for example, when submitting financial statements to the tax office in electronic form). Document review includes: a) study of the physical properties of the document (visual inspection, examination of its physical properties - quality, composition, paper density, the presence or absence of erasures, additions, corrections); b) study of the content of the document - the document itself (for example, the legality of its issuance by an official, its compliance with the law) and in conjunction with other documents (if the document itself is legal, but its content diverges or contradicts other documents). Examination of objects and documents can be carried out at the place of their discovery (for example, through rapid drug tests) and in the relevant expert institutions. The results of the event are documented accordingly report operational officer, to which are attached (if any) the conclusions of specialists or other persons who conducted the study. 22. OBSERVATION: SUMMARY OF THE OPERATIVE-SEarch ACTIVITY Observation - ORM, which consists in covert surveillance of interested persons, their vehicles, as well as places of permanent or temporary residence of these persons. During the observation process, the following information is revealed: a) hidden activity of a person containing elements of a crime; b) psychological portrait of the object of observation: character and emotional-volitional qualities of the person; at) social circle - personal, official and other (especially criminal) connections of a person; d) caches used by the person; d) in the presence of a criminal group - its quantitative and qualitative composition, who is the leader of the group, ordinary members, their psychological characteristics, distribution of responsibilities in the group, sources of its financing, places of gathering and pastime, connections of the group with law enforcement agencies, approaches to the group through persons, constantly contacting members of the group outside of their criminal activities. Observation can be carried out visually, with the help of technical means, as well as comprehensively. In the process of observation, audio recording, video, photography and auditory controls can be used. In the process of observation, in chronological order, all actions of the object of observation are recorded. Observation that restricts the constitutional rights of citizens is allowed on the basis of a court decision only if the operational officer has the information provided for by the Law on OSA. Observation that does not restrict the constitutional rights of citizens is carried out by decision of the operational officer, and in the case of attracting additional forces and means - by decision of the head of the relevant unit. Taking into account the fact that the criminal actions of persons are not limited to the boundaries of one state, surveillance can also be carried out outside the Russian Federation: - law enforcement officers of the CIS member states at the request of Russian authorities; - operational officers of the Russian authorities within five hours from the moment of crossing the border of a member state of the European Union with the right to detain a person until the arrival of local police. The results of the observation are reflected in the reports compiled by the operational officer report or certificate which are accompanied by audio and video recordings, photographs. 23. IDENTIFICATION: A SUMMARY OF THE SEARCH ACTIVITY Personal identification - ORM, which consists in the identification of a person suspected of committing a crime, according to his individual characteristics. The event is held behind the scenes or with the use of conspiracy measures and is carried out: - directly visually (for example, staying in crowded places, covert patrols in the place of a possible appearance, etc.); - by video recording; - by audio recording; - according to the image (photograph, identikit, portrait drawn by a forensic artist); - by smell traces (using a service-search dog). Each of the above methods has both its advantages and disadvantages. With direct visual contact, the identifying person may have little time to look at the face, by image - identification by the voice of the face, intonation, stuttering (if any) is excluded, when identified by audio recording - identification by behavior, gait is excluded, pronounced individual signs are not used - lameness, nervous tics, scars, tattoos, etc., according to odor traces, in general, only one criterion is used. Personal identification is carried out as under normal conditions (at the place of official activity, in a domestic environment, at the objects of criminal encroachments), and in situations artificially created by an operational officer; both by an identifying person with an operational officer, and with the participation of specialists (forensic artist, dog handler, etc.). In the process of identification is prohibited influence the participants in the ORM and artificially create conditions that increase the likelihood of making a mistake when identifying the identity of the suspect or wanted person, as well as allow actions that exclude subsequent procedural identification and cast doubt on the possibility of collecting evidence in a criminal case. The results of the identification are reflected in the data compiled by the operational officer report or certificate which may be accompanied by audio and video recordings of the event, photographs, as well as explanations of the identifying person. 24. SURVEY OF PREMISES, BUILDINGS, STRUCTURES, TERRAIN AND VEHICLES Inspection of premises, buildings, terrain and vehicles - ORM, which consists in a visual or technical examination of objects in order to detect persons, objects, documents, caches, etc., as well as to identify circumstances related to criminal activity. The event can be held: a) publicly as part of an official audit by operational staff in conjunction with authorized inspectors); b) behind the scenes or with the use of conspiracy measures (legendation); at) on behalf of an operational officer by a person providing confidential assistance to the authorities; d) on behalf of the operational officer, representatives of organizations that, by virtue of their official duties, have been granted the right to enter the territory of interest (fire inspectors, electricians, etc.). Carrying out ORM, which restrict the constitutional rights of a person and a citizen to the inviolability of the home, inspection of residential premises is allowed only on the basis of a court decision. In other cases, the survey is carried out on the basis of the relevant resolution approved by the head of the unit. So, in accordance with the Law of the Russian Federation "On the Police", if there is evidence of a violation of the legislation governing economic activity, by order of the head of the police department (police body) or his deputy, police officers to perform their duties the right is granted: 1) in the presence of at least two witnesses and a representative of a legal entity, inspect production, storage, trade and other office premises, other places of storage and use of property; 2) study documents reflecting financial, economic, entrepreneurial and trade activities, require the provision of duly certified copies of these documents within five days from the date of delivery of the relevant decision; 3) seize, with the obligatory drawing up of a protocol, individual samples of raw materials, products and goods necessary for conducting research or examinations, etc. If original documents are seized, copies are made from them, which are certified by the official of the internal affairs body (police body) conducting the check or audit, and transferred to the person from whom the original documents are confiscated. If it is impossible to make copies or transfer them simultaneously with the seizure of original documents, the official of the internal affairs body (police body) conducting the check or revision shall transfer certified copies of the documents to the person from whom the original documents were seized within five days after the seizure, about which a corresponding entry is made in the protocol on the seizure. The results of the survey are reflected in the reports compiled by the operational officer. report or certificate to which (if any) are attached photographs and video recordings, an examination protocol, an inventory of seized items and documents, explanations and statements of persons participating in the event. 25. CONTROL OF POST, TELEGRAPH AND OTHER COMMUNICATIONS Control of postal items, telegraphic and other messages - ORM, which consists in examining and opening mail items, inspecting attachments, familiarizing yourself with information and documentary correspondence, without the knowledge of the sender and addressee, followed by restoring the packaging in its previous form, as well as tracking the movement of correspondence in order to detect information about the illegal activities of a person, revealing his criminal connections and solving other tasks of the operational-search activity. This event affects the constitutional right of a citizen to the secrecy of correspondence, postal, telegraph and other communications, therefore, it is carried out on the basis of a court decision or on the basis of a reasoned decision of the relevant head of the body carrying out the operational-search activity, with the obligatory receipt of a court decision on holding this event within 48 hours. Subject to control: 1) postal items (packages, small packages, "M" bags, letters, parcels, postcards, direct mail containers, secograms); 2) telegraph messages (messages transmitted over electrical communication networks); 3) other messages (for example, e-mail messages, SMS messages, facsimile messages, etc.). In cases of detection of weapons, ammunition, narcotic, psychotropic, potent, radioactive, explosive, poisonous substances, explosive devices and other items prohibited for shipment in postal items, these items and substances are confiscated and a criminal case is initiated upon their discovery. Control may be one-time or repeated (lasting) character; Correspondence addressed to a certain person and (or) sent to a certain address may be subject to control. Correspondence can be copied, samples taken for comparative research, fingerprints removed. Censorship of correspondence received and sent by convicts, as well as the inspection of parcels, parcels and parcels, is not ORM. The event is carried out by operational officers of the bodies carrying out the operational-search activity, using the operational and technical forces and means of the federal security service, the internal affairs bodies and the bodies for controlling the circulation of narcotic drugs and psychotropic substances. Employees of communication institutions may also be involved in the event. The results of the control are reflected in the reports compiled by the operational officer report or certificate to which (if any) are attached photographs and copies of items and documents of interest. 26. eavesdropping on telephone conversations Wiretapping - ORM, which consists in covert auditory control and recording of telephone conversations of persons using special technical means, in order to detect information about the illegal activities of a person, identify his criminal connections and solve other tasks of the ORD. This event affects the constitutional right of a citizen to the secrecy of telephone conversations, therefore it is carried out on the basis of a court decision or on the basis of a reasoned decision of the relevant head of the body carrying out the operational-search activity, with the obligatory receipt of a court decision on holding this event within 48 hours. Interception of telephone conversations with connection to the station equipment of enterprises, institutions and organizations is carried out using the operational and technical forces and means of the federal security service, the internal affairs bodies and the bodies for controlling the circulation of narcotic drugs and psychotropic substances. Interception of telephone conversations is allowed only in relation to persons suspected or accused of committing grave or especially grave crimes, as well as persons who may have information about these crimes. Communication can be tapped both two-way and one-way (communication in turn) and multilateral (conference calls); both a means of communication belonging to a certain person (home, cell phone), and a means of communication installed in a certain place where the person of interest is (a pay phone in a certain place, a phone in a bar, etc.). The conversation of both (all) subscribers is subject to eavesdropping, since listening to only one subscriber (for example, by removing vibrations of a window pane vibrating from the subscriber’s conversation) will not be eavesdropping, but observation using special technical means. In the field of operational-search activity, telecom operators are obliged to: - to provide the authorities carrying out the operational-search activity with information about the users of communication services and about the communication services provided to them, as well as other information necessary for the performance of the tasks assigned to these bodies; - ensure the implementation of the requirements for networks and means of communication for carrying out ORM, as well as take measures to prevent the disclosure of organizational and tactical methods for conducting these events; - to suspend and resume the provision of communication services to legal entities and individuals on the basis of a reasoned decision in writing by one of the heads of the body carrying out the operational-search activity. The results of the listening are reflected in the reports compiled by the operational officer. report or certificate to which the resulting phonograms are attached. Phonograms are stored in a sealed form under conditions that exclude the possibility of their listening and replication by unauthorized persons. 27. REMOVING INFORMATION FROM TECHNICAL COMMUNICATION CHANNELS Removal of information from technical communication channels - ORM, which consists in the secret removal of information transmitted over electrical communication networks, computer and other networks, by monitoring the operation of the relevant systems and devices, including the electromagnetic and other fields emitted by them, with special technical means. The specified event affects the constitutional right of a citizen to the secrecy of communications, therefore it is carried out on the basis of a court decision or on the basis of a reasoned decision of the relevant head of the body carrying out the operational-search activity, with the obligatory receipt of a court decision on holding this event within 48 hours. For violation of this rule of the Criminal Code, liability is provided, in particular, for illegal access to computer information (Article 272), the creation, use and distribution of malicious programs for computers (Article 273). Removal of information from technical communication channels, as a rule, is carried out by: - introduction of hardware, software, hardware and software devices for intercepting information in technical means of processing, storing and transmitting information via communication channels; - interception of information in data transmission networks and communication lines, decryption of this information; - introduction of programs that disrupt the normal functioning of information security systems, impact on password-key information security systems, compromise of keys and means of cryptographic information protection in order to gain access to protected information. Taking into account the peculiarities of this event, the information to be removed is in electronic digital form. The received information is recorded on various information carriers (laser, hard disks, etc.). The event is carried out by operational officers of the bodies carrying out the operational-search activity, using the operational and technical forces and means of the federal security service, the internal affairs bodies and the bodies for controlling the circulation of narcotic drugs and psychotropic substances. Employees of organizations - owners of technical channels and relevant information can also be involved in the event. The results of the removal of information are reflected in the data compiled by the operational officer report or certificate to which are attached the appropriate media (placed in the package and sealed) with the information received. 28. OPERATIONAL INTRODUCTION: SUMMARY OF OPERATIONAL-SEarch ACTIVITY Operative infiltration is an ORM, which consists in the covert (under the legend) introduction of a full-time operative officer or confidant into a criminal environment or objects of interest in order to obtain carefully concealed information of operational interest, document it, and also influence certain persons when they accept various solutions. Basis for prompt implementation is information about the presence of a criminogenic or criminal situation at the facility or signs of criminal activity of a group of persons. The event is used, as a rule, in cases where it is not possible to reveal the carefully hidden and well-organized criminal activities of the organization through investigative actions. On the organizational side, operational infiltration is a complex (multi-pass) event and may include other operational-search activities. So, in the process of preparation for implementation and to study the operational situation at the facility, observation and interrogation through third parties can be carried out. After the person has been introduced, in order to identify the necessary information and document it, all operational-search measures can be secretly carried out, depending on the prevailing conditions. It should be noted that operational implementation as such is precisely penetration into an organized criminal group, rather than using on a confidential basis individuals already in the group. Since operational infiltration implies (allows) the implementation by an operational officer or confidant of criminal activity (in terms of preparing to commit crimes or an unfinished crime), the corresponding actions will formally fall under the signs of the corresponding crimes provided for by the Criminal Code. Therefore, the event must be carried out on the basis of a resolution approved by the head of the relevant body. Participation in operational implementation requires from the persons being introduced, especially those who are engaged in this on a professional basis (special purpose officers), to be well aware of the rules and characteristics of behavior in a criminal group and to be comprehensively prepared for various emergency situations. Information about persons embedded in organized criminal groups is state secret, they are not presented to the judge, the prosecutor (with the exception of cases requiring them to be held criminally liable), disclosure of information is allowed only with their consent in writing and in cases provided for by federal laws. The results of operational implementation are reflected in the report or certificate to which are attached the received audio and video recordings, photographs and other collected evidence. 29. CONTROLLED DELIVERY Controlled delivery - ORM, in which, with the knowledge and under the control of the authorities carrying out the ORD, it is allowed to import into the territory of the Russian Federation, export from this territory or move (send, transport and other transportation) products, objects and substances through it. The objects of controlled delivery are products, items, substances: a) the free sale of which is prohibited; b) the civil circulation of which is limited (the circulation of which is allowed by special permission in accordance with the legislation of the Russian Federation; at) being the means of committing a crime or having traces of a crime. The objective of the event is to identify the path of movement of products and persons involved in it (according to documents that are not related to the products), as well as obtaining evidence of criminal activity. Controlled delivery across the customs border is carried out by the authorities carrying out the operational-search activity, in agreement with the customs authorities. The procedure for such coordination is determined by an agreement between the federal service authorized in the field of customs affairs and another federal executive body that carries out the operational-search activity. If a decision is made to conduct a controlled delivery of goods exported from the customs territory of the Russian Federation, on the basis of international treaties of the Russian Federation or by agreement with the competent authorities of foreign states, a criminal case in the Russian Federation is not initiated and the head of the body carrying out the controlled delivery of goods shall immediately notify the prosecutor of the decision. in accordance with the legislation of the Russian Federation. Controlled delivery is carried out on the basis of the ruling approved by the relevant head of the body carrying out the operational-search activity. In addition, a plan for the event is drawn up and approved. If the objects of controlled delivery are products, items, substances, the free sale of which is prohibited or the civil circulation of which is limited (especially products that pose an increased danger to human health, the environment, or serve as the basis for the manufacture of weapons of mass destruction), the bodies that carry out the operational search , has the right to secretly completely or partially withdraw or replace such products, objects, substances. Full or partial withdrawal or replacement of the transferred prohibited products is carried out by a commission created by the federal executive body that carries out controlled delivery, and is formalized by the act of the commission, which, among other things, indicates the name and quantity of the transferred products, indicating the method of its movement, containers or packaging in which it is kept; method of withdrawal or replacement of products; decision on its further storage, use or destruction. The results of the controlled delivery are reflected in the reports compiled by the operational officer report or certificate to which acts, documents on the use of technical means and other collected evidence are attached. 30. OPERATIONAL EXPERIMENT Operational experiment - ORM, which consists in covert observation and documentation of the behavior of a person in artificially created conditions in order to identify his illegal activities and obtain evidence. The event is verification of the available information about the impending commission of a crime and is its model. An operational experiment can be carried out, for example, in order to identify systematic violations of the law, to catch people red-handed when giving, receiving or extorting a bribe, to expose a person who hires a killer, etc. The purpose of the experiment can also be the reaction of a person to the appearance of a certain person, to presentation of certain information. Accordingly, the operational experiment is carried out silently or publicly. During the event, the situation of the crime being committed is fully reproduced, but taking into account the fact that all actions are carried out under the control and recording of operational officers. It is forbidden to exert physical or any other influence on the person being checked - all actions must be performed by him independently. When conducting an experiment, provocation is prohibited (i.e., carrying out an event on the initiative of operational employees in the absence of information about the criminal activity of the person being tested). Conducting an operational experiment is allowed only for the purpose of identifying, preventing, suppressing and solving a serious crime, as well as for the purpose of identifying and identifying the persons who prepare, commit or have committed them. The event can be carried out both to expose specific individuals and to identify unknown individuals (for example, placing chemical traps in warehouses and other places where material assets are stored, as well as subsequent checking of persons who had access to the relevant territory for the presence of chemical traces). An operational experiment is being carried out on the basis of the ruling approved by the relevant head of the body carrying out the operational-search activity. A plan for the event is drawn up and approved, which indicates the grounds for its holding, signs its content in chronological order, determines the venue, the forces used, means, etc. During the experiment, covertly fixing equipment for audio and video recording, etc. is used. The results of the operational experiment are reflected in the data compiled by the operational officer report or certificate to which acts are attached (for example, on the placement of traps), documents on the use of technical means of audio and video recording, etc. 31. SEARCH FOR MISSING PERSONS The organization of activities to search for missing persons is regulated by a joint instruction of the Prosecutor General's Office of Russia and the Ministry of Internal Affairs of Russia "On improving the activities of solving murders associated with the disappearance of citizens and the search for missing persons" and the Instruction on the organization and tactics of the search work of internal affairs, approved by order of the Ministry of Internal Affairs of Russia. The search for a person declared missing is carried out at the place of his last place of residence or stay. Upon receipt of an application (message) about the disappearance of a person, immediately organized search and ORM complex in accordance with the Instruction approved by the order of the Ministry of Internal Affairs of Russia dated May 5, 1993 No. 213: a) questioning relatives and friends, as well as colleagues of the missing person; b) inspection of the apartment, last place of residence (office space), car of the wanted person with the obligatory participation of a specialist (forensic expert, biologist) who collects and fixes fragments of fingerprints, hair samples, objects for otorological examination and other items that are important for the search and identifying the identity of the missing person; at) verification of data on operational records of persons brought to criminal and administrative responsibility; d) placing information about the missing on a special stand at the police station; d) use of the media, etc. When a criminal case is initiated from the materials on the missing person's statement, an operational-search case is started within the established time limits. At the same time, search officers fill in the relevant details of identification cards, prepare and send information about the wanted person to the bulletin of the Main Information and Analytical Center of the Ministry of Internal Affairs of Russia and information centers of the Ministry of Internal Affairs - Main Department of Internal Affairs - Department of Internal Affairs, and declare a federal wanted list. When a criminal case is initiated, a resolution is issued from the materials of the search case on the transfer of the search case to an operational-search case. In cases where, in the course of the investigation of a criminal case initiated on the fact of the missing person, convincing evidence was obtained indicating that the missing person did not become a victim of a crime, the criminal case is to be terminated. In this case (if there are necessary grounds for the further implementation of the search), the operational-search case is terminated and a search case is started. A copy of the decision to terminate the operational search case is sent to the information center, indicating the number of the search case. A search case in relation to a missing person may be terminated if 15 years have passed since the announcement on the wanted list, and no criminal case has been initiated on this fact. After five years, the proceedings on the case may be suspended by the head of the internal affairs body if all possibilities for finding the missing person have been exhausted. 32. IDENTIFICATION OF CITIZENS ON UNIDENTIFIED BODIES Upon receipt of information about the discovery of an unidentified corpse, a corresponding entry is made in the register of applications and messages. After that, an investigator and a task force in full force go to the place of discovery of the corpse to conduct an inspection, interview citizens and collect all identification signs. Inspection of the scene of the incident and an unidentified corpse is carried out with the obligatory participation of forensic experts and forensic experts. The inspection is carried out, as a rule, using video recording, photography before and after the toilet of the corpse. Fingerprinting of the hands is carried out (for the purpose of further search through the Papillon automated fingerprint information system, fingerprint records and the Identification automated information retrieval system); clothes, shoes, objects and other things found on the corpse and near it are confiscated; a description is made of the appearance and special signs of the corpse (allowing for the identification of his personality), the clothes on the corpse, the state of post-mortem phenomena, the nature and localization of bodily injuries, and the environment. If the corpse cannot be examined at the place of discovery, an examination is carried out in the forensic morgue before the start of the sectional examination. When sending corpses to forensic morgues, questions are provided for the expert (description of appearance using the method of verbal portrait, collection of necessary samples for research, etc.). When examining a corpse in the mortuary, a detailed description is made; masks and casts are made; X-rays are taken; description and photographing of the individual features of the corpse, age and length of the body, feet, head circumference are determined. After the initial search activities, a decision is made to open a case to establish the identity of the unknown. Information about the discovery of unidentified corpses is sent to the Information Center of the Ministry of Internal Affairs, which collects information about unidentified corpses found on the territory of all subjects of the Russian Federation. The corpse is also checked according to the records of the information center (Main Information and Analytical Center) of the Ministry of Internal Affairs, according to the records of medical institutions, etc. When a corpse is identified, the relevant authority informs the relatives about it, and the case for establishing the identity is terminated. The case is also terminated if the identity is not established within five years. After the termination of the case, the information center of the Ministry of Internal Affairs removes the person from the register with a notification of this to the Main Information and Analytical Center of the Ministry of Internal Affairs. 33. ORGANIZATION OF OPERATIONAL SEARCH ACTIVITIES The activities carried out in the process of ORD need to be organized. The final result often depends on how carefully they are planned. The basis for organizing these events is A plan for conducting an ORM, which should include: the content of the events; the time and place of their holding; participants in the conduct (concrete employees of the body carrying out the operational-search activity, as well as citizens cooperating with them); used technical and other means of OSA; forces and means involved from the Ministry of Internal Affairs and other bodies, indicating their tasks and procedures. The plan of conduct is drawn up by an operational officer and submitted for approval to the leadership of the operational-search body. Organization of an operational search activity on the example of the "Interception" plan carried out by the Department of Internal Affairs (urgent ORM for the detention of motor vehicles). The organization and conduct of activities under the "Interception" plan is provided by the operational control group or the duty officer of the internal affairs body. The development of the "Interception" plan is carried out by the traffic police departments together with the services for ensuring public order, the criminal investigation department and the headquarters divisions of the internal affairs bodies. The duty department of the internal affairs body ensures the timely passage of information and orientation of the outfits involved in accordance with the "Interception" plan. The "Interception" plan is approved by the head of the internal affairs body. Plan "Interception" contains text and graphic parts. The text part should include sections: tasks of the plan; conditions and procedure for the introduction of the plan, its phased expansion, termination; calculation of forces and means involved in carrying out activities in accordance with the plan; the order of engagement of forces and means; the procedure for the actions of the duty officers of the Ministry of Internal Affairs, the Central Internal Affairs Directorate, the Internal Affairs Directorate, the city district department of internal affairs and other officials involved according to the plan, etc. The graphic part is drawn up on a large-scale map (1: 50, 000: 1), a plan (scheme) of the city with the application of conventional signs and designations for the location of protective police posts, the search zone, areas of work of search and patrol groups. The "Interception" plan is put into effect by the person responsible from the leadership of the internal affairs body, and in his absence - by the person on duty at the internal affairs body (in combat units of operational subordination - at his direction) with a subsequent report to the head of the internal affairs body. The termination of the plan is carried out by the officials by whom the "Interception" plan was put into effect. 34. FUNDS Operative-investigative activities means - technical and other equipment and machinery used to solve the problems of operational-search activities. Funds classification: 1. Technical: a) special technical: - intended for secret obtaining of information (see question 35); - other: operational equipment (secretly carried metal detector, small-sized automatic camera for special purposes, small-sized television camera, etc.); forensic technology (a device for express analysis of the content of precious metals in products, a spectral television system, etc.); technical means of protection; funds for conducting forensic research; search equipment for special purposes; information security equipment (telephone masker, device for protecting premises from eavesdropping, etc.); means of communication (wearable and portable radio station, etc.); special vehicles; special equipment, etc.; b) other technical (publicly available means of video and audio recording, film and photography, etc.). 2. Other (information systems) Requirements for the use of tools: - no harm should be done to human life and health and harm to the environment in the process of using funds; - obligatory personal participation of officials of the bodies carrying out the operational-search activity, in combination with the use of the assistance of officials, specialists and individual citizens; - the use of certain means only by certain subjects; - special and other technical means intended (designed, adapted, programmed) for secretly obtaining information - individuals and legal entities authorized to do so by the Law on OSA; - means designed to control postal items, telegraph and other messages, listen in on telephone conversations with connection to the station equipment of enterprises, institutions and organizations, regardless of ownership, individuals and legal entities providing services and means of communication, remove information from technical communication channels - bodies of the federal security service, internal affairs bodies and drug control bodies; - the use of special technical means intended for secretly obtaining information, developed and produced only with a special permission of the state body (license). 35. TYPES OF SPECIAL TECHNICAL MEANS FOR PRIVATE OBTAINING OF INFORMATION In accordance with the Law on Investigative Activities, the list of types of special technical means intended for secretly obtaining information in the process of investigating the investigative activity is established by the Government of the Russian Federation. At present, there is a List of types of special technical means approved by the Decree of the Government of the Russian Federation, designed (designed, adapted, programmed) for secretly obtaining information in the process of conducting an operational-search activity, in accordance with which These special equipments include: 1. Special technical means for secretly receiving and recording acoustic information. 2. Special technical means for covert visual observation and documentation. 3. Special technical means for covert wiretapping of telephone conversations. 4. Special technical means for covert interception and registration of information from technical communication channels. 5. Special technical means for covert control of mail messages and items. 6. Special technical means for covert research of objects and documents. 7. Special technical means for secret penetration and examination of premises, vehicles and other objects. 8. Special technical means for covert control over the movement of vehicles and other objects. 9. Special technical means for secretly obtaining (changing, destroying) information from the technical means of its storage, processing and transmission. 10. Special technical means for covert identification of a person. 36. INFORMATION SUPPORT FOR OPERATIONAL SEARCH ACTIVITIES Information systems can be used during the ORM. At the same time, the bodies carrying out the operational-search activity, in order to solve the tasks assigned to them by law, can create and use information systems. Depending on the area covered information systems are formed and maintained by the relevant authorities: in the constituent entities of the Russian Federation - by information centers of the Ministry of Internal Affairs (ATC), authorities in the constituent entities of the Russian Federation; in the Russian Federation - by the Main Information and Analytical Center of the Ministry of Internal Affairs of Russia, federal executive bodies within their competence (databases of statistical information, customs databases, databases on drug dealers, etc.). The Interstate Information Bank is maintained on the scale of the CIS member states. In order to provide the leadership of the Ministry of Internal Affairs of Russia, units of the system of the Ministry of Internal Affairs of Russia, state authorities of the Russian Federation, law enforcement agencies of other states with statistical information on the state of crime and the results of the operational activities of the internal affairs bodies of the Russian Federation, as well as operational and reference, search, forensic, archival, scientific -technical and other available information in the Russian Federation there is the Main Information and Analytical Center of the Ministry of Internal Affairs of Russia (GIAC), the Regulation on which is approved by order of the Ministry of Internal Affairs of Russia. The main tasks of the GIAC of the Ministry of Internal Affairs of Russia: a) formation in the internal affairs bodies of a single system: statistical, operational reference, search, forensic records; automated data banks of centralized accounting; all-Russian and industry classifiers of technical, economic and social information; b) formation and maintenance of a federal automated bank of integrated operational-investigative information. For example, the following information systems (databases) can be mentioned: "Center" (registration of suspects, accused and convicted persons); "Identification" (registration of missing persons, unidentified corpses, persons unable for health reasons or age to provide information about their identity); "Antiques" (accounting for stolen items of special historical, scientific, artistic or cultural value), etc. In the process of implementing the operational-search activity, information systems created by individual organizations and authorities are used: "Extracts from the Unified Register of Registration of Legal Entities" (contains information on legal entities); "Base of the Moscow Registration Chamber", "Base: Transactions on non-residential premises in Moscow", etc. 37. THE CONCEPT OF SOLUTIONS IN ORD. MAIN TYPES OF SOLUTIONS Decision in the ORD - the withdrawal of an official of the operational-investigative body (an operative officer, head or official of a higher body), a judge, a prosecutor, an investigator, a body of inquiry, adopted within the framework of this activity. The decisions made can be divided into: a) depending on the decision maker: - an official of the operational-investigative body (head or operational officer) (the decision itself); - the superior body of the ORD (order, order); - judges (definition); - prosecutor (indication); - investigator (order); - body of inquiry (order); b) depending on the form of the solution: - oral (adopted on certain issues, for example, the decision of an operational officer to change the procedure for conducting an ORM due to a change in the situation); - written (entails legal consequences, for example, instructions of the investigator, body of inquiry, instructions of the prosecutor or court rulings on criminal cases in their proceedings, which are the grounds for conducting an ORM). The requirements for decisions made in the process of implementing the operational-search activity are similar to the requirements for procedural decisions. The decision must be legal (be taken by the appropriate person within his powers under the law) and justified (be adequate to the current situation). Separate decisions are provided by law as motivated, that is, the decision itself must include an explanation of the need for its adoption. As a rule, such decisions consist of three parts - introductory (who, when and where compiled the document), descriptive (the situation is described, the need to make a decision is justified) and resolutive (the decision itself is formulated). 38. CASE OF OPERATIONAL ACCOUNTING IN THE ORDA Case of operational accounting - a set of documents related to one issue and placed in a separate cover, accumulated in the process of implementing the operational-search activity in order to collect and systematize information, verify and evaluate the results of the operational-search activity, as well as to make appropriate decisions on their basis by the bodies carrying out this activity. The procedure for establishing, maintaining and terminating the case of operational accounting Cases of operational accounting are initiated if there are grounds for their conduct and for solving the tasks assigned to them by the Law on OSA. The specific procedure for conducting operational accounting cases and their list are determined by the regulations of the bodies carrying out the operational-search activity (orders of the relevant federal executive bodies). On the establishment of an operational record file, the operational officer issues an appropriate resolution, which is approved by the head of the operational-search body. The fact of opening an operational record file is not a basis for restricting constitutional rights and freedoms, as well as the legitimate interests of a person and a citizen: in order to carry out relevant activities, it is still necessary to receive judge's sanction. After the decision to open a case is made, the operational officer draws up an action plan. Subsequently, based on the results of these ORM, the relevant documents are drawn up, which are subject to inclusion in the case and are stored in it in accordance with a special inventory (inventory of documents in the case). The case is started for a certain period; after the expiration of the term, the operational officer issues a decision on its extension or termination, which is approved by the head of the operational-search body. The decision to dismiss the case is issued in cases provided for by law: in cases of solving specific tasks of the operational-search activity, as well as establishing circumstances that indicate the objective impossibility of solving these tasks. The materials obtained as a result of the ORM regarding persons whose guilt in the commission of a crime has not been proven in the manner prescribed by law are stored for one year, and then destroyed, unless official interests or justice require otherwise. Phonograms and other materials obtained as a result of wiretapping of telephone and other conversations of persons against whom no criminal case has been initiated are destroyed within six months from the date of termination of wiretapping, about which an appropriate protocol is drawn up. Three months before the date of destruction of the materials reflecting the results of the ORM carried out on the basis of a court decision, the relevant judge is notified about this. 39. SEARCH TERMS AND THEIR CLASSIFICATION Term in the ORD - the length of time during which a person must make a decision or can perform certain actions. Timing types: 1) depending on the legal relationship: a) timing of events: affecting the constitutional rights of citizens - no more than six months, unless otherwise specified in the judge's decision itself. The period of validity of the decision issued by the judge is calculated in days from the date of its issuance, while the period of time is not interrupted; if it is necessary to extend the period of validity of the decision, the judge issues a court decision on the basis of newly submitted materials; not affecting the constitutional rights of citizens - in accordance with the resolution issued by the operational officer, approved by his head; b) deadlines for notification of obtaining permission to hold events: immediately reviewed by an authorized referee materials on the restriction of the constitutional rights of citizens to the secrecy of correspondence, telephone conversations, postal, telegraphic and other messages transmitted over electric and postal networks, to the inviolability of the home during the conduct of the ORM; without the permission of a judge, but with the obligatory notification of him within 24 hours. Within 48 hours from the moment of the commencement of the ORM affecting the constitutional rights of citizens, the body implementing it is obliged to obtain a court decision on the ORM or to terminate its conduct (applies to cases that do not tolerate delay and may lead to the commission of a serious crime, as well as in the presence of data about events and actions that create a threat to the state, military, economic or environmental security of the Russian Federation, on the basis of a reasoned decision of one of the heads of the body carrying out the operational-search activity); without obtaining the sanction of the judge, but with the obligatory notification it within 48 hours (concerns cases of a threat to life, health, property of individuals upon their application or with their consent in writing) in relation to wiretapping of conversations conducted from their phones, on the basis of a resolution approved by the head of the body carrying out the operational-search activity; c) other terms (terms for keeping the materials of the operational-search activity (one year, unless service interests or justice require otherwise; three months before the date of destruction of the materials with the results of the operational-search activity carried out on the basis of a court decision, the relevant judge is notified about this), the terms of preferential pension service for operational staff, etc.); 2) depending on the legal regulation - established by regulatory legal acts (law and departmental acts); self-defined; 3) depending on the subject - established by a judge, a prosecutor, an investigator, an inquiry body, a body conducting a search warrant, an operational officer, a person cooperating with the bodies conducting a search warrant. 40. USING THE RESULTS OF THE ORD The results of the operational-search activity are understood as actual data obtained by the operational units in the manner prescribed by the Law on the operational-search activity, on the signs of a crime being prepared, committed or committed, on persons preparing, committing or having committed an offense, hiding from the bodies of inquiry, investigation and court, evading the execution of punishment and missing persons, as well as about events or actions (inaction) that create a threat to the state, military, economic or environmental security of the Russian Federation. Investigation Results are reflected in operational documents (reports, certificates, summaries, acts, reports, etc.). Items and documents obtained during the ORM may be attached to operational documents. In the case of carrying out operational and technical measures within the framework of the operational and technical activities, the results of the operational and technical activities may also be recorded on material (physical) information carriers (phonograms, videograms, films, photographic films, photographs, magnetic, laser disks, casts, etc.). The results of the operational-search activity can be used for the preparation and implementation of investigative and judicial actions, conducting an operational-search activity to identify, prevent, suppress and solve crimes, identify and identify persons who prepare, commit or have committed them, as well as to search for persons who have fled from the bodies of inquiry, investigation and court evading punishment and missing. The results of the search warrant may serve as a pretext and basis for initiating a criminal case, be submitted to the body of inquiry, the investigator or the court in charge of the criminal case, and also be used in proving in criminal cases in accordance with the provisions of the criminal procedural legislation of the Russian Federation governing the collection, review and evaluation of evidence. The results of the ORD can serve as the basis for the formation of all types of evidence, create conditions and prerequisites for their establishment. Submission of the results of the search warrant to the body of inquiry, the investigator or the court is carried out on the basis of the decision of the head of the body carrying out the search warrant, in the manner prescribed by the Instruction on the procedure for submitting the results of the search warrant to the inquiry officer, the body of inquiry, the investigator, the prosecutor or the court. The results of the operational-search activity in the cases listed in the law are taken into account when deciding on their admission to the following activities: 1) on access to information constituting a state secret; 2) on admission to work related to the operation of facilities that pose an increased danger to human life and health, as well as to the environment; 3) on admission to participation in the operational-search activity or on access to materials obtained as a result of its implementation; 4) on the establishment or maintenance of cooperation relations with the person in the preparation and conduct of the ORM; 5) on the issuance of permits for private detective and security activities. 41. REQUIREMENTS FOR THE RESULTS OF OPERATIONAL SEARCH ACTIVITIES SUBMITTED TO THE BODY OF INTERESTING, INVESTIGATOR, PROSECUTOR OR TO THE COURT The requirements for the results of the operational-search activity submitted to the body of inquiry, the investigator, the prosecutor or the court are determined Instructions on the procedure for presenting the results of an operational-search activity to an inquirer, body of inquiry, investigator, prosecutor or court (2007), according to which: a) the results of the operational investigation submitted to resolve the issue of initiating a criminal case must contain sufficient data indicating the signs of a crime, namely: information about where, when, what signs and what kind of crime were found; under what circumstances they were discovered; information about the person (persons) who committed it (if known) and eyewitnesses of the crime (if known); on the location of objects and documents that may become material evidence; about any other facts and circumstances that are important for resolving the issue of initiating a criminal case; b) the results of the operational investigation submitted for the preparation and implementation of investigative and judicial actions must contain information about the whereabouts of persons hiding from the preliminary investigation authorities and the court; about persons who know the circumstances and facts relevant to the criminal case; about possible sources of evidence; on the whereabouts of the items listed in Part 1 of Art. 81 Code of Criminal Procedure; about other facts and circumstances that make it possible to determine the volume and sequence of procedural actions, to choose the most effective tactics for their production, to develop the optimal methodology for investigating a particular criminal case; at) the results of the operational-search activity submitted for use in proving in criminal cases should allow the formation of evidence that meets the requirements of the criminal procedural legislation for evidence in general, for the corresponding types of evidence; contain information that is important for establishing the circumstances to be proved in a criminal case, indications of the ORM, during which the alleged evidence was obtained, as well as data that makes it possible to verify the evidence formed on their basis in the conditions of criminal proceedings. Article 42 The results of the ORD are presented in the form of a report on the discovery of signs of a crime or messages on the results of the operational-search activity, which is drawn up by an official of the body carrying out the operational-search activity and registered in the prescribed manner. Procedure for presenting the results of the ORD as a message includes: a) consideration of the issue of the need to declassify information constituting a state secret, contained in the submitted results of the operational-search activity, and their carriers; b) preparation of the necessary documents and the actual transfer of the results of the ORD. Submission of the results of the ORD to the inquirer, the body of inquiry, the investigator, the prosecutor, to the court for the verification and adoption of a procedural decision in accordance with Art. 144 and 145 of the Code of Criminal Procedure, as well as to attach to the criminal case, on the basis of the relevant decision, approved by the head of the body carrying out the operational-search activity. When submitting to the interrogating officer, body of inquiry, investigator, prosecutor or court the results of the OSA obtained during a test purchase or controlled delivery of items, substances and products, the free sale of which is prohibited or the circulation of which is limited, as well as an operational experiment, they are attached decision to conduct this ORM, approved by the head of the body carrying out the operational-search activity. In the case of presentation to the inquirer, body of inquiry, investigator, prosecutor or court of the results of the operational-search activity obtained during the ORM, which restrict the constitutional rights of a person and a citizen, they are accompanied by copies of court decisions on conducting ORM. Presentation of the results of the operational-technical activity, containing information about the organization and tactics of carrying out operational and technical measures, the technical means used in their implementation, about full-time covert employees of the operational-technical and operational-search units, must be agreed with the performers of the relevant activities. If necessary, declassification information contained in the materials reflecting the results of the search, the head of the body carrying out the search (the head or his deputy) issues a decision on the declassification of information constituting a state secret, and their carriers. How the results of the ORD are actually transmitted to the inquirer, the body of inquiry, the investigator, the prosecutor or to the court (sending by mail, handover and other methods) are elected by the body carrying out the operational-search activity, in each specific case, taking into account the requirements of regulatory legal acts regulating the organization of office work. To transmitted documents may be attached photographic negatives and photographs, films, transparencies, phonograms, video cassettes, computer information carriers, drawings, plans, diagrams, acts, certificates, other documents, as well as other material objects, which, in accordance with the criminal procedural legislation can be recognized as material evidence. 43. CONTENT AND PROCEDURE FOR ISSUING A DECISION ON SUBMISSION OF THE RESULTS OF THE ORDA TO INTERESTING AUTHORITIES, INVESTIGATOR, PROSECUTOR OR TO THE COURT The list of heads (officials) of the bodies carrying out the operational-search activity, who have the right to issue resolutions on the presentation of the results of the operational-search activity to the body of inquiry, the investigator, the prosecutor or the court, corresponds to the list of officials who have the right to sign resolutions and approve assignments for conducting operational and technical measures. The list of these persons may be supplemented by departmental regulatory legal acts. When preparing materials, it is necessary to take into account that information about the forces, means, sources, methods, plans and results of the search, about persons embedded in organized criminal groups, about full-time covert employees and about persons providing (providing) assistance to them on a confidential basis, as well as on the organization and tactics of carrying out ORM are state secret. In each specific case, the possibility of presenting the results of the operational-search activity, containing information about the organization and tactics of conducting the OTM, the technical means used, full-time covert employees of the operational-technical and operational-search units, must be agreed with the performers of the relevant activities. Decree on the presentation of the results of the ORD body of inquiry, investigator, prosecutor or court is in three parts: introductory, descriptive and resolutive. Introduction includes the name of the document, the place and time of its issuance, last name, first name, patronymic, position and rank (military, special) of the head of the body conducting the operational-search activity, as well as the grounds for issuing this decision. In the descriptive of the resolution, it is indicated as a result of which ORM the materials were obtained and which ones, for what purposes they are presented (use as reasons and grounds for initiating a criminal case, preparation and implementation of investigative and judicial actions, use in evidence in criminal cases), when and by whom it was sanctioned a specific ORM, the existence of a court decision to carry it out. The descriptive part of the decision ends with a reference to the relevant part of Art. 11 and part 4 of Art. 12 of the Law on OSA. In the operative part the resolution formulates the decision of the head of the body on the direction of operational documents reflecting the results of the operational-search activity. It also lists in detail the specific documents to be sent. The resolution on the presentation of the results of the ORD is prepared in one copy, signed by the head of the body and attached to the materials of the operational accounting file or the corresponding nomenclature file. 44. STATE PROTECTION OF PERSONS CARRYING OUT ORD In order to ensure state protection of judges, officials of law enforcement and regulatory bodies, employees of federal state security bodies performing functions the performance of which may involve encroachments on their safety, as well as creating appropriate conditions for the administration of justice, the fight against crimes and other offenses in RF exists a system of measures of state protection of life, health and property of these persons and their relatives. In accordance with the Federal Law "On State Protection of Judges, Officials of Law Enforcement and Supervisory Bodies," persons engaged in operational-search activity are subject to state protection. Types of state protection Protected persons are provided with: - application by authorized state bodies of security measures in order to protect the life and health of these persons, as well as ensuring the safety of their property; - the application of legal protection measures, which include, among other things, increased criminal liability for encroachment on their life, health and property; - the implementation of social protection measures that provide for the realization of the right to material compensation in the event of their death (death), infliction of bodily injury or other harm to their health, destruction or damage to their property in connection with their official activities. In order to ensure the protection of the life and health of protected persons and the safety of their property, bodies providing security, taking into account specific circumstances, may apply the following security measures: 1) personal protection, protection of housing and property; 2) issuance of weapons, special personal protective equipment and danger alerts; 3) temporary placement in a safe place; 4) ensuring the confidentiality of information about protected persons; 5) transfer to another job (service), change of place of work (service) or study; 6) relocation to another place of residence; 7) replacement of documents, change of appearance. In order to implement the provided security measures, search and rescue activities may be carried out in the manner prescribed by the OSA Law. Security authorities With regard to officials of internal affairs bodies, FSB bodies, customs authorities, federal state security bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, as well as their relatives, the application and implementation of security measures are assigned to the specified organs. In the internal affairs bodies, FSB bodies, institutions and bodies of the penitentiary system, customs bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances and federal state security bodies, special units are created in the prescribed manner in order to ensure the safety of protected persons. 45. APPLICATION OF SECURITY MEASURES IN RESPECT OF THE PROTECTED PERSON The reason for the application of security measures in relation to the protected person is: 1) statement of the said person; 2) the appeal of the chairman of the court, or the head of the relevant law enforcement or regulatory body, or the head of the federal body of state protection, as well as the head of the institution or body of the penitentiary system; 3) receipt by the body providing security of operational and other information about the presence of a threat to the security of the specified person. The basis for the application of security measures is the existence of sufficient data indicating the reality of the threat to the security of the protected person. The body providing security, having received an application (appeal, information) about the existence of a threat to the security of the protected person, is obliged to accept within a period of not more than three days a decision to apply or to refuse to apply security measures to the specified person. In urgent cases, security measures are applied immediately. A reasoned decision is issued on the decision on the application of security measures by the body ensuring security, indicating specific security measures and the timing of their implementation, which is reported to the protected person and the chairman of the court (the head of the relevant law enforcement or regulatory body, the head of the federal body for state protection, the head of the institution or body of the penitentiary system), who requested the application of security measures in relation to the specified person. In this case, the protected person may be given certain instructions, the observance of which is necessary for his safety. Procedure for applying security measures is determined by federal law and normative legal acts issued in its execution. These measures should not infringe the housing, labor, pension and other rights of protected and other persons. When the threat to the security of the protected person is eliminated or if other grounds arise for the cancellation of security measures, the authorized official issues an appropriate reasoned decision, which is announced to the protected person. protected person, in respect of which a decision has been made to apply security measures, has the right to: be aware of the security measures applied to him; ask for the application or non-application of specific security measures in relation to him; demand from the body providing security, in addition to the implemented other security measures provided for by the Law on OSA, or the cancellation of any of the measures taken, etc. The protected person is obliged: comply with the lawful requirements of the body providing security; immediately inform the specified body about each case of threat or illegal actions against it; not to disclose information about the security measures taken in relation to him without the permission of the body implementing these measures, etc. 46. SOCIAL AND LEGAL PROTECTION OF OFFICIALS OF BODIES IMPLEMENTING ORD Guarantees apply to officials of bodies carrying out operational-search activity social and legal protection employees of those bodies in whose states these persons are included. Guarantees of legal protection. No one has the right to interfere in the lawful actions of officials and bodies carrying out operational-search activity, with the exception of persons expressly authorized to do so by federal law. The official authorized to carry out the operational-search activity, during the conduct of the operational-search activity, is subordinate only to the immediate and direct superior. Upon receipt of an order or instruction that is contrary to the law, the said official must be guided by the law. When protecting the life and health of citizens, their constitutional rights and legitimate interests, as well as to ensure the security of society and the state from criminal encroachments, forced infliction of harm to law-protected interests by an official of the body carrying out the operational-search activity, or by a person assisting him, is allowed, committed with the lawful fulfillment of the specified face of his official or public duty. Guarantees of social protection. The time spent by the officials of the bodies carrying out the operational-search activity, performing special assignments in organized criminal groups, as well as the time of their service in the positions of full-time covert employees of the said bodies, is subject to offset against the length of service for granting a preferential pension in the manner determined by the Government of the Russian Federation. The procedure for calculating pensions is determined by the Government of the Russian Federation for each body separately. Basically, such acts are closed. The President of the Russian Federation has the right to make a decision regarding the social protection of employees of individual bodies engaged in operational-search activity, for example, by the Decree of 1995 "On additional measures to secure personnel in the bodies of the federal security service", the director of the FSB of Russia is allowed to pay to servicemen of the bodies of the federal security service who were directly involved in the development, implementation and successful completion of an ORM to combat crime, a one-time monetary reward in the amount of up to 20 times the statutory minimum monthly wage. State authorities of the constituent entities of the Russian Federation and local self-government bodies have the right to establish additional types of social protection for officials of bodies engaged in operational-search activity (for example, according to the order in which residential premises are provided). 47. PERSONS ASSISTING THE OPERATIONAL SEARCH AUTHORITIES Individuals may, with the consent of the operational-search authorities, be involved in the preparation or conduct of an operational-search activity, with the preservation, at their request, of the confidentiality of assistance to the authorities engaged in an operational-investigative activity, including under a contract. Bodies carrying out the operational-search activity may enter into contracts with adults of legal capacity, regardless of their citizenship, nationality, gender, property, official and social status, education, affiliation to public associations, attitude to religion and political convictions. Bodies carrying out the search activity are prohibited from using confidential assistance under the contract of deputies, judges, prosecutors, lawyers, clergymen and authorized representatives of officially registered religious associations. Classification of persons assisting bodies: a) depending on the nature of participation: - persons providing information; - persons with the necessary knowledge, skills, abilities; b) depending on the time of attraction: - persons cooperating on a permanent basis; - persons involved in the performance of certain tasks; - persons providing one-time assistance; c) depending on the form of participation: - persons cooperating publicly (for example, the management of a commercial organization when identifying a person against whom commercial bribery has been carried out); - persons cooperating behind the scenes (confidants); d) depending on the nature of the attraction: - persons who, on their own initiative, have expressed a desire to provide assistance; - persons who have decided to provide assistance under pressure based on the current difficult life situation; e) depending on the motive for providing assistance: - persons cooperating out of selfish motives (receiving remuneration, using covert support from authorities, eliminating a competitor, etc.); - persons cooperating from other motives (revenge, envy, etc.). 48. RIGHTS AND OBLIGATIONS OF PERSONS ASSISTING OPERATIONAL SEARCH AUTHORITIES Persons assisting operational-investigative bodies shall have the right to provide such assistance both on a contract basis and without a contract. On the one hand, the conclusion of a contract enhances state protection and support (legal and social guarantees). At the same time, on the part of assisting persons, there is a reluctance to formalize relations with the relevant body in writing because of the possibility of decoding. Persons who provide assistance to the authorities are referred to in society as "snitches", "sexots" and experience a clearly negative attitude towards themselves. Disclosure of information about them can occur for various reasons, and no one is immune from this, especially when third parties work with materials, such as judges, prosecutors (leakage can occur, for example, when documents are lost due to violation of the rule on the prohibition of transportation search documents, since they are subject to transfer through the line of the regime-secret body). In addition, decryption can be purposeful - for example, in the Baltic countries, materials about the tacit cooperation during the Soviet era of some political and public figures were released to the public. Responsibilities of persons assisting operational-investigative bodies: - assistance (one-time or on a permanent basis) to the authorities in the preparation or conduct of the ORM; - keeping secret the information that became known to them during the preparation or conduct of the ORM (disclosure of the data of the preliminary investigation or information about the security measures applied to the judge and participants in the criminal process entails criminal liability); - a ban on providing deliberately false information to authorities (providing knowingly false information can be considered as a deliberately false denunciation, which entails liability under the Criminal Code). Rights of persons assisting operational-search bodies: - the right to independently decide on the issue of making public information about oneself in the event of providing or providing assistance to the authorities on a confidential basis, with the exception of providing information to the prosecutor in order to bring the confidant to criminal liability; - the right to state legal and social protection. 49. SOCIAL AND LEGAL PROTECTION OF PERSONS ASSISTING TO OPERATIONAL SEARCH AUTHORITIES Persons assisting the authorities carrying out the operational-search activity are under the protection of the state. The state guarantees persons who have expressed their consent to assist under the contract with the authorities carrying out the operational-search activity, the fulfillment of their obligations stipulated by the contract, including guaranteeing legal protection related to the lawful performance by these persons of public duty or the duties assigned to them. In the event of a real threat of unlawful encroachment on the life, health or property of individuals in connection with their assistance to the authorities carrying out the operational-search activity, as well as members of their families and relatives, these bodies are obliged to take the necessary measures to prevent illegal actions, identify the perpetrators and bring them to justice, provided by the legislation of the Russian Federation. A person from among the members of a criminal group who has committed an unlawful act that did not entail grave consequences, and who is involved in cooperation with the body carrying out the operational-search activity, actively contributed to the disclosure of crimes, compensated for the damage or otherwise made amends for the harm caused, is exempted from criminal liability in accordance with the legislation of the Russian Federation . When protecting the life and health of citizens, their constitutional rights and legitimate interests, as well as to ensure the security of society and the state from criminal encroachments, forced infliction of harm to law-protected interests by a person providing assistance to the authorities is allowed, performed when the said person legally fulfills his public duty. In order to ensure the safety of persons cooperating with the authorities carrying out the operational-search activity and members of their families, it is allowed to carry out special measures to protect them in the manner determined by the legislative and other regulatory legal acts of the Russian Federation. Social protection. Persons cooperating with the bodies carrying out the operational-search activity, or assisting them in solving crimes or identifying the persons who committed them, may receive remuneration and other payments. The amounts of remuneration and other payments received by these persons are not taxed and are not indicated in income declarations. The period of cooperation of citizens under a contract with the bodies carrying out the operational-search activity is included as the main occupation in the work experience of citizens. These persons are entitled to pensions in accordance with the legislation of the Russian Federation. In the event of the death of a person cooperating under a contract with the authorities carrying out the operational-search activity, in connection with his participation in the conduct of the operational-search activity, the family of the victim and his dependents are paid a one-time allowance and a survivor's pension is awarded. Upon receipt by a person cooperating under a contract with the authorities carrying out the operational-search activity, injuries, wounds, contusions, injuries that occurred in connection with his participation in the conduct of the operational-search activity and excluding the possibility for him to further cooperate with the authorities engaged in the operational-search activity, the specified person is paid a one-time allowance and is assigned disability pension. 50. INTERACTION OF THE RUSSIAN AUTHORITIES IMPLEMENTING ORD In order to increase the efficiency of their activities, the bodies carrying out the operational-search activity interact with each other. Interaction is carried out on the basis of relevant agreements concluded with each other, as a rule, following the main areas of activity and subject to the following basic rules: 1. Joint ORM. 2. Exchange of information. The parties exchange information (including in the form of film, photo, audio and video materials) on issues of mutual interest or within the competence of the other party, and take measures to obtain it at the request of one of the parties. The content and procedure for the exchange of information are determined by the parties by mutual agreement. 3. Accumulation and use of information arrays, operational records and archives. The Parties shall ensure equal access to databases of information systems created by them in the course of their activities. The specific list of information to be exchanged between the parties, as well as the procedure for transferring data, executing requests, and interacting with archives, are determined by the parties by mutual agreement. 4. Using in official activities of military and special equipment, special means, means of communication and other means intended for the provision of official activities. The parties, based on the available opportunities, provide assistance to each other in resolving issues related to the development, acquisition and use of military and special equipment, special means, communications and other means, as well as cover documents intended to ensure the official activities of the parties. 5. Ensuring your own safety. The Parties observe the necessary secrecy in their work, do not allow the decoding of objects of interest, ongoing joint activities and the operational forces and means used, reliably ensure the procedure for using documents and special equipment received from the other Party and their safety. The Parties shall timely inform each other about threats to the security of the Parties, employees of the Parties and their families, as well as about illegal and other compromising actions of employees of the other Party, which have become known to them. The parties conduct joint official investigations (checks) on the facts of leakage of information affecting the interests of the parties. 6. Training of special forces selection, training and retraining of personnel, development and improvement of the regulatory legal framework for activities, exchange of legal acts, etc. 51. INTERNATIONAL INTERACTION OF BODIES IMPLEMENTING ORD Charter International Criminal Police Organization (Interpol) entered into force on June 13, 1956 USSR member of Interpol since 1990 International Criminal Police Organization - Interpol - has purpose: - ensure broad interaction of all bodies (institutions) of the criminal police within the framework of the existing legislation of the countries and in the spirit of the Universal Declaration of Human Rights; - create and develop institutions that can successfully contribute to the prevention and control of criminal offences. Interpol includes: the General Assembly; Executive committee; General Secretariat; National Central Bureaus; Advisers. National Central Bureaus In fulfilling its goals, Interpol relies on the constant and active cooperation of its members, who, within the framework of the laws of their countries, must do everything possible to participate in good faith in its activities. In order to ensure the aforementioned cooperation, each country determines the body that will act as the National Central Bureau. In cases where, in some countries, interaction with other National Central Bureaus is not possible or does not allow effective centrally coordinated cooperation, the General Secretariat, together with these countries, determines the most appropriate alternative ways of cooperation. Decree of the President of the Russian Federation "On the participation of the Russian Federation in the activities of the International Criminal Police Organization - Interpol" The main tasks of the Russian NCB Interpol are: a) ensuring effective international exchange of information on criminal offences; b) assistance in fulfilling the requests of international law enforcement organizations and law enforcement agencies of foreign states in accordance with international treaties of the Russian Federation; at) monitoring the implementation of international treaties on combating crime, to which the Russian Federation is a party. On the issue of organizing cooperation through Interpol, there are Instructions on organizing information support for cooperation through Interpol, as well as Instructions for organizing information support for cooperation through Interpol. The following areas of information support for wrestling: - with organized crime and terrorism; - with crimes in the sphere of economy and counterfeiting; - with crimes related to motor vehicles; - with encroachments on objects of cultural value; - with crime in the field of illicit trafficking in drugs, weapons, etc. 52. SYSTEM OF CONTROL AND SUPERVISION FOR ORD. JUDICIAL CONTROL. CONTROL OF THE PRESIDENT OF THE RUSSIAN FEDERATION The system of monitoring the implementation of the law by the bodies carrying out the operational-search activity includes: a) judicial control; b) control (general control) over the operational-search activity carried out within the limits of the powers determined by the Constitution of the Russian Federation, federal constitutional laws and federal laws by the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation; at) departmental control exercised by the heads of the bodies carrying out the operational-search activity and the officials authorized by them; d) prosecutorial supervision exercised by the Prosecutor General of the Russian Federation and prosecutors authorized by him. Judicial control is carried out by the relevant court (judge) within the limits of its powers in the OR. The President of the Russian Federation exercises its powers both directly and through the Administration of the President of the Russian Federation, which, in accordance with the Regulations on it, assists the President of the Russian Federation in resolving issues related to ensuring the rights and freedoms of man and citizen, and also exercises control over the implementation of federal laws, decrees, and other decisions of the President RF. In the structure of the Administration, as an independent unit, there is the Control Directorate (hereinafter referred to as the Directorate) of the President of the Russian Federation, main tasks which, in accordance with the Regulations on it (Decree of the President of the Russian Federation of June 8, 2004 No. 729), control and verification of the implementation by federal executive authorities, executive authorities of constituent entities of the Russian Federation, as well as organizations of federal laws (in terms of the powers of the President of the Russian Federation, including on ensuring the rights and freedoms of man and citizen), decrees, orders and other decisions of the President of the Russian Federation. Main functions of the Office: organizing and conducting inspections and other control measures; participation in the prevention and elimination of identified violations; study of the experience of the regulatory authorities of foreign countries. Management (in relation to the control over the implementation of the OSA) has the right: 1) create commissions involving, in the prescribed manner, federal executive bodies, employees of law enforcement and regulatory bodies; 2) send employees of the Department to meetings of collegiums of federal executive bodies, as well as to meetings on control issues held by federal executive bodies; 3) make proposals in accordance with the established procedure to the President of the Russian Federation, the Government of the Russian Federation, heads of federal executive bodies on bringing civil servants to disciplinary responsibility for failure to comply or improper implementation of federal laws, decrees, orders and other decisions of the President of the Russian Federation, as well as on the temporary suspension of civil servants who have allowed official misconduct, from the performance of official duties; 4) request and receive, in accordance with the established procedure, the necessary materials from federal government bodies, as well as from organizations and officials, etc. 53. CONTROL OF THE GOVERNMENT OF THE RUSSIAN FEDERATION ORD In accordance with the Federal Law "On the Government of the Russian Federation" the Government of the Russian Federation: 1. Organizes, within its powers, the execution of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, international treaties of the Russian Federation, exercises systematic control over their implementation by federal executive bodies, directs the work of federal ministries and other federal executive bodies and controls their activities. This function is specified in Decree of the Government of the Russian Federation "On improving the organization of the implementation of federal laws". This resolution determines that the preparation and submission to the Government of the Russian Federation of draft legal acts of the President of the Russian Federation and the Government of the Russian Federation, which ensure the implementation of federal laws, is carried out by federal executive authorities. When developing draft federal laws, the federal executive authorities - the main executors - prepare lists of legal acts of the President of the Russian Federation or the Government of the Russian Federation provided for by these bills, as well as those necessary for their implementation. The lists of acts must contain the working titles of draft legal acts, the justification for the need for their preparation, the statement of the proposed legal instructions, the period for preparation, as well as information about the federal executive authorities - the main executors and co-executors. Federal executive authorities - the main executors of the draft legal acts provided for by the lists of acts: - organize the development of draft legal acts, coordinate the work of federal executive bodies - co-executors, form, if necessary, working groups with the involvement of representatives of public, research and other organizations to develop draft legal acts and prepare materials attached to them and send agreed draft legal acts to the Government of the Russian Federation; - regularly report to the Government of the Russian Federation on the preparation of draft legal acts. 2. Takes measures to eliminate violations of the legislation of the Russian Federation: - summons officials to a meeting of the Government of the Russian Federation to give oral and written explanations regarding non-execution or improper execution of federal laws, including those on ensuring the rights and freedoms of man and citizen; - considers the issue of bringing officials to responsibility for non-fulfillment or improper fulfillment of federal laws, as well as the temporary suspension of civil servants who have committed official misconduct from the performance of official duties; - prepares draft normative legal acts, the adoption of which will eliminate violations of the legislation of the Russian Federation. 54. CONTROL OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION FOR ORD In accordance with the Federal Law "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation" forms of activity of a member of the Federation Council, a deputy of the State Duma (in relation to the implementation of control over the implementation of the operational-search activity) are: 1) parliamentary inquiry - a request adopted by the corresponding chamber of the Federal Assembly of the Russian Federation in compliance with the requirements of the above-mentioned Law in the manner established by their regulations by a majority of votes from the total number of members or deputies of the corresponding chamber of the Federal Assembly of the Russian Federation. An official to whom a parliamentary request is sent must give an answer to it orally (at a meeting of the corresponding chamber of the Federal Assembly of the Russian Federation) or in writing no later than 15 days from the date of receipt of the parliamentary request or in another period established by the corresponding chamber of the Federal Assembly of the Russian Federation. . The response must be signed by the official to whom the parliamentary inquiry is sent, or by a person temporarily acting as his/her official. A written response to a parliamentary inquiry is announced by the chairman of the meeting of the corresponding chamber of the Federal Assembly of the Russian Federation. Copies of the written response shall be sent to all members of the chamber of the Federal Assembly of the Russian Federation on behalf of which the parliamentary inquiry was sent; 2) a request from a member of the Federation Council, Deputy of the State Duma (deputy's request) - a duly executed document on issues within the competence of the bodies and their officials carrying out the operational-search activity. The request of a member of the Federation Council, a deputy of the State Duma is sent by them independently and does not require an announcement at a meeting of the corresponding chamber of the Federal Assembly of the Russian Federation. The official to whom the request is sent must give a response to it in writing no later than 30 days from the date of its receipt or within another period agreed with the initiator of the request. The initiator of the request has the right to be directly involved in the consideration of the issues raised by him in the request, including at closed meetings of the relevant bodies, in compliance with the requirements provided for in Art. 18 of the law in question. The initiator of the request must be notified in advance of the day of consideration of the issues raised in the request, but no later than three days before the day of the meeting of the relevant body; 3) appeal of a member of the Federation Council, a deputy of the State Duma - a document of a member of the Federation Council, a deputy of the State Duma, sent to the authorities carrying out the operational-search activity with a report on violations of the law, as well as with a request for information, data and documents on issues related to their activities, not formalized as a request. The above-mentioned Law establishes the following in relation to the activities of members of the Federation Council and deputies of the State Duma: their interference in the operational-search, criminal-procedural activities of the bodies of inquiry, investigators and judicial activities is not allowed. 55. DEPARTMENTAL CONTROL FOR ORD In accordance with the Law on Investigative Activities, the heads of bodies carrying out investigative activities are personally responsible for observing the law when organizing and conducting investigative activities, as well as for spending the funds allocated for investigative activities. The head of the body carrying out the operational-search activity is responsible for the proper implementation of the law in all structural divisions. In order to exercise his powers, the head has certain rights and obligations, for example, in accordance with the Regulations on the Ministry of Internal Affairs of the Russian Federation minister: - cancels decisions of officials of the Ministry of Internal Affairs of Russia, bodies, divisions and organizations of the system of the Ministry of Internal Affairs of Russia that are contrary to the Constitution of the Russian Federation, legislative and other regulatory legal acts of the Russian Federation, regulatory legal acts of the Ministry of Internal Affairs of Russia; - exercise other powers in accordance with the legislation of the Russian Federation. In the subdivisions of the federal executive body (central office) and territorial bodies that carry out the operational-search activity, the responsibility for compliance with the law in the process of implementing the operational-search activity is assigned to the relevant leaders (in the system of the Ministry of Internal Affairs of Russia, to the leaders (their deputies), for example, GUSB, GUUR, GUEP, GUBOP, the Ministry of Internal Affairs of the republics as part of the Russian Federation, the Central Internal Affairs Directorate and the Internal Affairs Directorate of the territories and regions, the Internal Affairs Directorate of districts, etc.), with the empowerment of them with the necessary rights and obligations. Officials can exercise control over the operational activities both in the course of their daily activities and through on-site inspections.
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