Ministry of Internal Affairs of the Russian Federation Tyumen Institute of Advanced Studies of the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Russian Ministry of Internal Affairs of Russia Legal Fundamentals of Operational Search Activities Tyumen Lectures 2012 UDC 343.140.01 BBC 67.99 (2) 91 P 68 Reviewed by the Editorial Board of the Tyumen Institute for Advanced Studies of the Ministry of Internal Affairs of Russia Reviewers: Doctor of Law, Associate Professor S.I. Davydov Candidate of Law Sciences, Associate Professor A.S. Samodelkin Author's team: I.I. Algazin - Cand. jurid Sciences - preface, l. 10; L.A. Baklanov - l. 12 (in collaboration D.B. Panyuchin); YES. Brazhnikov - Cand. jurid Sciences, associate professor 1 (in collaboration with D. B. Panyushin), 11; V.V. Bychkov - Cand. jurid Sciences, associate professor 8, 9; S.V. Korovin - Cand. jurid scion 3, 5; D.B. Panyushin - Cand. jurid scion 1 (in collaboration with D.A. Brazhnikov), 12 (in collaboration with L.A. Baklanov); Ppm Safiev - Cand. jurid scion 7; A.Yu. Savachev - Cand. jurid scion 2, 4, 6 p 68 Legal bases of operational investigative activities : lecture course. - Tyumen: Tyumen Institute for the advanced training of employees of the Ministry of Internal Affairs of Russia, 2012. - 151 p. ISBN 978-5-93160-174-8 The general, most significant provisions of the theory of operational investigative activities that determine its essence, meaning and place in the system of state-legal measures to combat crime are revealed. The publication is intended for cadets and listeners of educational institutions of the Ministry of Internal Affairs of Russia, employees of the internal affairs bodies, studying on advanced training courses, as well as other law enforcement officers. UDC 343.140.01 BBK 67.99 (2) 91 ISBN 978-5-93160-174-8 © FGSO DPO "Tip MIA Russia", 2012 2 Contents List of abbreviations ................ .................................................. ............... 4 Preface ................................. .................................................. ............... 6 Lecture 1. Operational search activities: the concept, tasks, principles ..................... ..........................................; ............................................... 7 Lecture 2 . Legal and moral foundations of operational investigative activities ......................................... .................................................. ............ 15 Lecture 3. Authorities and officials engaged in operational investigative activities ........................ ...................................... 31 Lecture 4. Persons promoting operational search bodies ( On the example of the internal affairs organs) ............................................ ................. 42 lecture 5. Control and supervision of operational search activities ..................... .................................................. ............................. 57 Lecture 6. Compliance with the rights and freedoms of man and citizen in the implementation of operational investigative activities .... ....................... 68 Lecture 7. Concept, species, grounds and conditions for the operational search activities ........... .................................................. . 82 Lecture 8. Informational support of operational-search activities .................................................... .................................................. ........... 101 Lecture 9. Material and technical support of operational and investigative activities ........................... ................................. 109 Lecture 10. Using the results of operational investigative activities ....... .................................................. ..... ....................................... 118 Lecture 11. Basics of prevention and disclosure of crimes by operational units .................................................. ................. 129 Lecture 12. Wear job ............................... ........................................... 141 3 List of BEP and PC Abbreviations - Units to combat economic crimes and anti-corruption of GIAC Ministry of Internal Affairs of the Russian Federation - Chief Information Analytical Center of the Ministry of Internal Affairs of Russia Code of Civil Procedure of the Russian Federation - Civil Procedure Code Russian Federation GUMVD - Main Department of the Ministry of Internal Affairs of Russia DOU - the work of operational accounting of Dul \u200b\u200b- the case of the identity of the registry office - record of acts of civil status Law on the Code - Federal Law of August 12, 1995 No. 144-FZ "On operational-investigative activities" IVS Insulator of Temporary Content of IC - Information Center of the Code of Administrative Code of the Russian Federation - Code of the Russian Federation on Administrative Offenses of KPO - Control of Post Offers, Telegraph and Other Posts of the KSP - Book of Accounting Messages on Crimes of the Ministry of Internal Affairs of the Russian Federation - Ministry of Internal Affairs of the Russian Federation of the Ministry of Defense of the Russian Federation - Ministry of Defense of the Russian Federation Ministry of Defense of the Russian Federation - Ministry of Justice of the Russian Federation NCB - National Central Bureau ODD - OPP internal affairs bodies - operational and search units ORD - Operational-search activities ORM - Operational-search events ORO - Operational-search bodies OTP - Operational and technical divisions of PTP - Listening to telephone conversations Svr - Service of the Russian Federation of the Russian Federation - Commonwealth of Independent States PRS - SECURITY SUBSCRIBER OF THE TC RF - Customs Code of the Russian Federation WTVT - Department of Internal Affairs in Transport of the PEC RF - Code of Criminal Code of the Russian Federation of the Criminal Code of the Russian Federation - Criminal Code of the Russian Federation Ministry of Internal Affairs of Russia - Management Of the Ministry of Internal Affairs of Russia of the Code of Criminal Procedure of the Russian Federation - the Criminal Procedure Code of the Russian Federation of the UR - Criminal Investigation of the FBI - Federal Bureau of FPS Investigations - Federal Border Guard Service of the Russian Federation FSB - Federal Security Service of the Russian Federation FSIN - Federal Service of Penitunition 4 FSKN - Federal Service for Control The turnover of narcotic drugs and psychotropic substances of the FSO - the Federal Service for the protection of the Russian Federation FCS - Federal Customs Service 5 The preface of the FCS occupies an important place in the work of law enforcement agencies, since it is solved by the tasks of combating particularly dangerous forces Mami crime. It is quite natural that in educational institutions of the Ministry of Internal Affairs of Russia engaged in training for operational search divisions, the same-named training course is taught as one of the profiling disciplines. However, this subject, like the Horde herself, until recently was classified. With the adoption in 1992 of the first law "On operational-investigative activities in the Russian Federation", this type of state law enforcement has received official legislative recognition and the sequestment of secrecy was removed from it. This gave a new powerful impetus for the development of the ARD theory. In recent years, there has been a considerable number of open literature on Horde, including textbooks and textbooks. However, the need for open learning literature on the basics of the Horde remains high, since many works are based on non-traditional copyright approaches to the content of the training course and are difficult to be perceived by studying. Due to the fact that the course of lectures is open, it gives the legal basis of the HFA without disclosing specific mechanisms for the application of operational-search activities that are regulated by closed regulatory acts operational search bodies. The authors attempted the traditional presentation of the training course based on many years of experience of his teaching in universities of the Ministry of Internal Affairs of Russia. At the same time, the peculiarity of the lecture course is the lack of material on the issues of the Organization and Tactics of the Horde, which are related to state secret. The main focus in the work is made on the disclosure of the general, the most important provisions of the theory of the Horde, which determine its essence, role, importance and place in the system of state-based measures in the fight against crime. The many years of practical experience of specialists show that the effectiveness of countering various manifestations of crime depends on the knowledge of law enforcement officials of the Fundamentals of the Horde, allowing to correctly navigate in any environment and find true solutions in the most unexpected and non-standard situations. Studying the Horde should be borne in mind that the holistic perception of the provisions of the ARD theory is impossible in the separation from the study of the foundations of administrative law and administrative activities, criminal law and criminal proceedings, forensic and criminology, as well as other legal sciences used in operational investigative practice. 6 Lecture 1. Operational search activities: the concept, tasks, principles of questions: 1. The concept of operational investigative activities. 2. Operational search tasks. 3. Principles of operational investigative activities. 1. The concept of operational-search activities of the Horde is one of the types of government law enforcement activities carried out by the special authorities of the State executive powerendowed to implement their functions with power legal powers. Its origin took place simultaneously with the birth of the state as the organization of political power and the management of society. The history of Russian law enforcement agencies and world experience in combating crime show that the HF is one of the mandatory state-legal forces of the fight against crime, which also includes: administrative and legal, criminal and criminal procedural and criminal executive forms. Each of these forms has its own specific features. One of the most characteristic features of the HRD is the possibility of using under the implementation of segal methods and means. When using segal methods and facilities of the person, in respect of which the Horde is carried out, or their environment is not aware of the fact of its conduct. This is achieved as a complete hiding information from them associated with the implementation of the Horde and by providing an impact in order to mislead the operational and search nature of the activities. The need to use sewn techniques in the Horde is determined by its focus on obtaining information on carefully hidden signs of criminal activity, which cannot be detected using vowels of criminal procedure measures. No less important distinctive feature The HRD is that it can be carried out only by specially authorized subjects. Such entities include the operational divisions of government law enforcement agencies, the list of which is enshrined in Art. 13 of the Law on Horde. This list includes the internal affairs bodies, federal security authorities, federal bodies state Guard, customs authorities, external intelligence service, federal7 naya sentences service, as well as body control agencies and psychotropic substances. It should be noted that the subjects of the HFA may not be actuated by any units of the authorities specified in the law, but only their operational divisions. Each Horde entity is endowed with the circle of its powers caused by, firstly, their departmental affiliation and, secondly, the internal separation of functions. The powers of the operational units of various law enforcement agencies depend, in particular, on their criminal law competence, that is, the list of crimes, the prevention and disclosure of which they are obliged to engage in, as well as the circle of the main tasks defined in legal acts regulating the activities of these bodies. The specifics of the HFD also lies in the fact that it is carried out through the conduct of operational search measures, the list of which is fixed in Art. 6 of the Law on Horde. The signs listed above are reflected in the definition enshrined in Art. 1 of the Law on Horde, according to which under Horde is a type of activity carried out vowelno and unlawfully operational divisions of state bodies authorized by this Federal Law, within their powers through the ARM to protect the life, health, human rights and freedoms and citizens, Property, security of society and states from criminal encroachments. Of this definition It follows that, as a priority goal of the Horde, the legislator has consolidated protection against criminal encroachments: life, health, rights and freedoms of the individual; Property, as well as ensuring the security of society and the state. Thus, priority for the purpose of the legislator gives the rights and freedoms of the individual. 2. Operational-search tasks In addition to the purpose of the implementation of the Horde, the legislator in Art. 2 of the law on Horde determined the tasks facing it, dividing them into four main groups. The first group of tasks includes identification, prevention, suppression and disclosure of crimes, as well as identifying and establishing persons who prepare them committing or committed. The identification of crimes implies the establishment of the facts of committing primarily in latent crimes, information about which in law enforcement agencies on official channels does not come. The prevention of crimes is to prevent their commission by common and individual prevention. The general profile of the lactika is to identify and eliminate the causes and conditions that contribute to the commission of crimes. Individual prevention lies in identifying persons, plotting and preparing unlawful acts, and declining them to the abandonment of criminal intentions. Suppression of crimes means imprisonment of the opportunity to complete the initiated crime and thereby prevent the socially dangerous consequences. As a rule, this is due to the detention of a person with polishing at the time of preparation or attempt to commit a crime. The disclosure of crimes consists of a complex of measures to establish persons who committed crimes and ensuring the possibility of their involvement criminal responsibility. From what has said it follows that identifying, prevention, suppression and disclosure of crimes is impossible without identifying and establishing persons preparing who committing crimes committing or committed. The second group of tasks includes the search for persons who are hiding from the bodies of inquiry, investigators and court evading criminal punishment, without missing. The solution of the tasks of this group involves the detection of the location of the listed categories of wanted. Under the inquiry, investigators and court hidden from the bodies, suspects accused and defendants, whose location is unknown, and in relation to their investigation on the search. Under the evading criminal penalties are understood by the convicts who have escaped from the seats of imprisonment, as well as convicted, for whom a rosing decree was made in connection with the disposal of sentence. Under the missing persons who disappeared suddenly without visible reasons, the location of which surrounding unknown, minors, who have left families or specialized institutions, mental patients who have left the home or medical institution, as well as persons who have lost contact with close relatives. The third group of ODD tasks is to extract information about events and actions that create a threat to the state, military, economic or environmental safety of the Russian Federation. Extraction of information includes the initiative search for the indicated information (data) through the ARM and the use of the help of persons providing confidential assistance to law enforcement agencies. State security involves the security of the constitutional system, sovereignty and territorial integrity of the country. Military Security - Ensuring protection against military threats. 9 Economic - ensuring the economic independence of the state. Environmental - Protection State ambient. The fourth group of tasks is to establish property to be confiscated. In accordance with Art. 104.1 of the Criminal Code under the confiscation of property means forced free of charge and appeal to the state of the state on the basis of the accusatory sentence of the following property: a) money, values \u200b\u200band other property obtained as a result of the commission of crimes referred to in paragraph "A" Part 1 of Art. 104.1 of the Criminal Code of the Russian Federation; b) money, values \u200b\u200band other property in which the property obtained as a result of the commission of crimes stipulated by articlesspecified in paragraph "A" Part 1 of Art. 104.1 of the Criminal Code of the Russian Federation, and the revenues from this property were partially or completely transformed or transformed; c) money, values \u200b\u200band other property used or intended for financing terrorism, organized group, illegal armed formation, criminal community (criminal organization); d) guns, equipment or other means of committing a crime belonging to the accused. 3. The principles of operational-search activities of the Horde is based on compliance with certain principles. Under the principles of Horde are found to be fundamental principles, guidelines, reflecting the beliefs and views of the Company represented by its legislative and law enforcement agencies, the goals and objectives of this specific state-legal form of crime control. The principles of the ORD were formed in the process of practical activities of operational units of the internal affairs bodies, and formulated the theory of the Horde and received a regulatory consolidation in the current legislation and departmental acts. Adoption Federal Law "ORD" gave the principles of the Horde status legislative norms With the corresponding mechanism for their implementation. In art. The 3 of the Law on Horde are enshrined the four basic principles of the ORD. The first two of them the legislator gave the definition of constitutional, that is, based on constitutional standards, developing and concretizing them. The principles of legality, respect and compliance with the rights and freedoms of a person and citizen traditionally relate to the overall principles, that is, characteristic of all branches of law. The principles of conspiracy and a combination of vowels and unknown methods and funds are unknown to other branches of law, therefore they are traditionally referred to as special (sectoral) ORD principles. 10 The principle of legality is primarily in the unconditional and accurate compliance with the norms of the Constitution of the Russian Federation, the execution of laws and other regulations by all officials of the organs carrying out the Horde. The principle of respecting and respecting the rights and freedoms of a person and citizen is the most important overall principle enshrined in Art. 2 Constitution of the Russian Federation. Respect for rights and freedoms means their recognition by the legislator as a priority in relation to other social values. The ultimate goal of the Horde, as already noted, is the protection of life, health, human rights and freedoms and citizen. Compliance with rights and freedoms means on the one hand, the establishment of a clear legislative procedure of ORM, limiting the most significant constitutional rights Citizens (Article 8 and 9 of the Law on Horde), and on the other - the regulation of the procedure for restoring violated rights. The delimitation of the concepts of "human rights and freedom" and "the rights and freedoms of a citizen" is postponed by the legislator from the text of the Constitution of the Russian Federation, which considers a person in two aspects: as a member of civil society and as a citizen of his state. The principle of conspiracy means the need and legitimacy of use in the process of the Horde of Rules and techniques, allowing to maintain law enforcement agencies in secret from criminals. At the same time, the Horde is carried out in secret not only from persons involved in committing crimes, but also from the surrounding citizens. The need to preserve the law enforcement agencies is determined by a number of circumstances. First, the need for adequate measures to combat crimes, which are preparing and committed in conditions of non-obviousness in order to avoid criminal liability. Secret ways to commit crimes, the state opposes the secret ways to their disclosure. Secondly, conspiracy allows to avoid unreasonable or premature compromise of persons suspected of committing crimes when ORM is conducted in the presence of unverified or controversial information. Thirdly, the preservation of secrecy is in some cases an indispensable condition for citizens of assistance in the disclosure of crimes, a guarantee of compliance with their constitutional rights and freedoms, as well as special rights defined in Art. 17 and 18 of the law on Horde. The Horde is objectively impossible without a significant degree of secrecy, and therefore the implementation of the unimpressed ORM in compliance with the requirements of the conspiracy and the secake of information in the field of the FAR itself does not violate human rights and citizen. The principle of conspiracy means establishing of course obtaining, designing, storing and using operational-search 11 information, as well as mandatory rules for handling operational storage documents. The procedure and rules of conspiracy are enshrined in a number of articles of the law. These first include limiting the limits of the provision of collected information at the request of a rehabilitated person on the basis of Part 4 of Art. 5 of the Law on Horde; Restriction of judges in the right to receive information about persons providing law enforcement agencies on a confidential basis (Part 5 of Art. 5, Part 3 of Art. 9); use of assistance of officials and individual citizens on a confidential basis (part 5 of Art. 6, part 1 of article 17, paragraph 2 of Art. 15); The requirement to create conditions for the protection of information contained in the judge submitted operational and service documents (part 7 of article 9); Determination of a list of information on operational and official activities that make up the state secret (part 1 of article 12); imputation of the ORD authorities to comply with the rules of conspiracy during the conduct of ORM (clause 5 of Article 14); The use of documents encrypting the personality and departmental affiliation of enterprises, premises and vehicle (clause 4 of Art. 15), the ability to create special enterprises and organizations (clause 5 of Article 15). The principle of combining vowels and segal methods and means reflects the essence of the Horde and therefore is included in the definition of the HORD itself. This principle means the close relationship between operational and search and procedural activities to identify and disclose crimes. The combination of vowels and segal methods allows you to check the accuracy of the received operational search information, avoid mistakes in the adoption of operational and search and procedural decisions. It also provides the necessary conspiracy and encrypter of confidential sources of information, thus guaranteeing the constitutional right of citizens to a personal secret. In addition to the principles listed in Art. 3, the Law on Horde contains a number of principles based on the Constitution of the Russian Federation and who are the fundamental principles of the whole Horde. The principle of equality of citizens before the law, enshrined in part 1 of Art. 19 of the Constitution of the Russian Federation, found a reflection in part 1 of Art. 8 of the Law on the Code, which states that citizenship, nationality, property, official, social status and other features of the status of individuals are not an obstacle to the implementation of their ORM. The principle of UDU controls is to establish a legislative system of judicial, parliamentary, departmental control and prosecutor's supervision. For example, judicial control includes, firstly, the issuance of permits for conducting ARM, limiting the rights of citizens to the mystery of correspondence, telephone conversations, postal, telegraph and other messages and the inviolability of housing, and secondly, consideration of citizens' complaints On the violation of their rights by officials of organs carrying out Horde. The principle of adequacy (proportionality) of the use of operational-search measures with solved crime control objectives means that restricting the rights of citizens in the implementation of the Horde should be carried out only to the extent that it is necessary to achieve the goals of protecting life, health, human rights and freedoms and citizen Property, security of society and states from criminal encroachments. So, in accordance with Part 2 of Art. 8 of the law on Horde Operational-search activities that limit a number of constitutional rights of citizens can only be carried out in order to protect against the most dangerous criminal manifestations for which it is necessary to produce preliminary investigation . The principle of the offensiveness is very characteristic of the Horde. It is expressed in its proactive, preventive character, a focus on preventing and preventing crimes. The principle of separation of powers is essential in the organization of the ICD. In accordance with this principle, the organs carrying out the HFD solve the task defined by the law solely within their powers established by the relevant legislative acts of the Russian Federation. Thus, all of the above allows us to come to the following conclusions. 1. ARD is one of the types of government law enforcement, as it is carried out by special authorities of state executive authorities, endowed with the realization of its functions with power legal powers. The Horde is carried out through special actions - operational call events and only to protect the life, health, human rights and freedoms and citizen, ensuring the safety of society and the state from criminal encroachments. 2. ORD goals are: a) the protection of a person (citizen) from criminal encroachments on his life and health, rights and freedoms; b) protection of property from criminal encroachments; c) ensuring the security of society and the state (in the aspect of protection against persons committing crimes). ORD tasks include: a) identification, prevention, suppression and disclosure of crimes, as well as identifying persons, proclaiming, preparing who committing or committed crimes; 13 b) the search for persons hiding from the inquiries, investigators and court evading criminal punishment, as well as the search for persons missing; c) mining information on events or actions that create a threat to state, military, economic or environmental safety of the Russian Federation; d) the establishment of property to be confiscated. 4. The Principles of Horde include: a) the principle of legality; b) the principle of respect and respect for the rights and freedoms of man and citizen; c) the principle of conspiracy; d) the principle of the combination of vowels and segal methods and means; e) the principle of equality of citizens before the law; e) principle of controlling; g) the principle of adequacy (proportionality) of the use of operational-search measures to solve the tasks of combating crime; h) principle of offensiveness; and) the principle of separation of authority. Questions for self-control 1. What are the signs of HRD? 2. What tasks solves the Horde? 3. Name the principles of the HRD. Recommended literature 1. Dubonosov E.S. Basics of operational investigative activities: studies. Manual / Ed. GK Sinilova. M.: Higher education: Yurajtizdat, 2009. 2. Kovalev O.G., Vagin O.A., Yudin E.G. Operational search activities: content, development, features: studies. benefit. M., 2006. 3. Basics of operational investigative activities: Textbook / Ed. Yu.A. Agafonova, Yu.F. Kvashi. M.: COOKR MVD of Russia, 2009. 216 p. 4. Theory of operational-search activities: textbook / ed. Kk Goryinova, V.S. Ovchinsky, G.K. Sinilova. M.: Infra - M, 2007. 832 p. 5. Shumilov A.Yu. Course of the Fundamental Fundamental Activities: Textbook for universities. M.: Embed. House Shumilova I.I., 2007. 14 Lecture 2. Legal and moral foundations of operational-search activities Questions 1. Legal basis for operational investigative activities. 2. The moral basis of operational investigative activities. 1. The legal basis of operational-search activities under the legal basis of the Horde should be understood as a combination of legislative and other regulations governing relations arising in the sphere of this activity. The legal basis of the Horde is fixed in Art. 4 law on Horde. Part 1 of this article refer to the legal basis of the Horde, above all, the Constitution of the Russian Federation, which lays the most important principles of relations between law enforcement agencies and citizens in the fight against crime. These principles include: the recognition by the state with the highest value of human rights and freedoms (Art. 2), the equality of citizens to the law (Article 19), compliance with the norms of international law in the field of human rights (Article 17), ensuring the right to privacy , personal and family mystery (Art. 23), for the inviolability of the dwelling (Art. 25), guarantees of the judicial protection of the rights and freedoms of citizens (Art. 46), the presumption of innocence (Art. 49), the establishment of legislative order restrictions on the main constitutional rights to achieve socially significant goals (art. 55) and some others. A number of these principles are further enshrined in Art. 3 of the Law on Horde. In the Constitution of the Russian Federation, the powers of state authorities are enshrined on the adoption of legislative acts regulating the activities of law enforcement agencies to combat crime (Art. 76, 90, 104, 105, 115). A number of norms of the Constitution of the Russian Federation directly regulates the conditions for conducting ORM, limiting the constitutional rights of citizens. In particular, Part 2 of Art. 23 and art. 25 prescribe the obligation to obtain a court decision in case of the need to limit the right of citizens to the mystery of correspondence, telephone conversations, postal, telegraph and other messages, as well as at the inviolability of the dwelling. These norms of the Constitution of the Russian Federation are specified in Part 2 of Art. 8 of the Law on Horde. The following for the significance of the regulatory legal act in the legal regulation of the FMD is the Federal Law "On Operational Activities", adopted State Duma On July 5, and entered into force on August 12, 1995, this legislative act of at15 was to change the law of the Russian Federation "On operational and investigative activities in the Russian Federation" of March 13, 1992 - the first in the history of Russian law a law governing the Horde. Prior to this, this form of criminal control was regulated by the departmental regulatory acts of a secret nature. The initial edition of the Law on the Code of 1995 has undergone a number of changes and additions. In particular, the Federal Law of July 18, 1997 No. 101-FZ clarified in paragraph 4 of Part 1 of Art. 13 The name of one of the subjects of the Horde - federal organs state protection. The Federal Law of July 21, 1998 No. 117-ФЗ included a list of bodies exercising ARD (Article 13), divisions of the Ministry of Justice in connection with the transfer of the criminal infirement system, which was previously subordinate to the Ministry of Internal Affairs of Russia. Federal Law of January 5, 1999 No. 6-FZ made changes and additions due to the accession of the Russian Federation to the European Convention on the Protection of Human Rights and Fundamental Freedoms (1950) and the need for improving this mechanism for the protection of rights and freedoms Citizens during the Horde. In addition, amending the law pursued the goal of improving the effectiveness of the prosecutor's supervision over compliance with the legality and the creation of additional guarantees against abuse when conducting an ARM. Federal Law of March 20, 2001 No. 26-FZ made additions in Art. 5 and 8, refinement of the grounds and the procedure for listening to telephone conversations. Federal Law of June 30, 2003 No. 86-FZ made changes and additions to Art. 6 and 13, due to the creation of the State Committee for the Control of Drug Trafficking and Psychotropic Substances and the abolition of federal tax police bodies. Federal Law of July 24, 2007 No. 211-FZ made changes in Art. 5, regulating the observance of human rights and freedoms and citizen in the implementation of the Horde. Federal Law of December 25, 2008 No. 280-FZ made additions in Art. 2, adding the task of the Horde, which consists in establishing property to be confiscated. Federal Law of December 28, 2010 No. 404-FZ made additions in Art. 7, providing the opportunity to the investigator, the head of the investigating body, the inquiry authority to give orders not only in criminal cases, but also on materials to verify reports of a crime in their production. Thus, the law on Horde is in a state of constant improvement, and the most radical proposals of specialists are reduced to the need to develop and adopt new edition of this law. The 16 legal basis of the HFD, in addition to the indicated law, accounts for other legislation that can be divided into three main groups: - establishing the general provisions of the implementation of the Horde; - regulating the activities of individual entities of the Horde; - regulatory relationships arising from solving private ORD problems. The legislative acts establishing the general provisions of the implementation of the Horde should include the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation. The Penal Code determines the material signs of crimes, to identify, the prevention and disclosure of which the HF is aimed. Establishing the presence of these features according to Art. The 7 of the Law on the ORD is the basis for the operational-search activities, and in the absence of the Horde cannot be implemented. Criminal law contains a number legal institutions and norms that are important for the implementation of the Horde. So, Art. The 15 Criminal Code reveals the concept of a grave crime, the signs of which, according to Art. 8 of the Law on Horde, are one of the main conditions for some ORM. Criminal legal institutions of course (Art. 39 of the Criminal Code of the Russian Federation) and reasonable risk (Art. 41 of the Criminal Code of the Russian Federation) are used in conducting such operational and investigative activities such as verification purchase, operational experiment, operational implementation and controlled delivery. The Institute of Active Rasskownship (Art. 75 of the Criminal Code of the Russian Federation) is based on the implementation of one of the important standards of the Law on the Code, which provides for exemption from the criminal liability of persons involved in cooperation with operational units. The establishment of a number of criminal law prohibitions (Art. 137-139, 283, 286, 293, 330 of the Criminal Code, etc.) is one of the guarantees of the legality and rights of citizens in the implementation of operational search activities. Legislative acts establishing the general provisions of the Horde must also include criminal procedural legislation, which has given the executive authorities, authorized to implement the Horde, the status of the inquiry authorities (part 1 of Art. 40 of the Code of Criminal Code of the Russian Federation). Determining the powers of the Inquiry Authority, the Code of Criminal Proced Republics of the Russian Federation forbade the inquiry of the person who carried out or conducts on this criminal case of ORM (part 2 of article 41). The Criminal Procedure Law defines the procedure for the interaction of the investigator and the operational employee in the investigation of crimes (Part 4 of Art. 157, Part 2 of Art. 163, Part 7 of Art. 164); Sets a list of crimes for which a preliminary consequence (Article 150) is required, which, according to Art. 8 of the Law on Horde is a prerequisite for the implementation of ORM, limiting the constitutional rights of citizens. Determining the circumstances to be proof by criminal de17 LU (Article 73 of the Code of Criminal Code of the Russian Federation), the types of evidence (Article 74-81 of the Code of Criminal Procedure), the methods of their collection, verification and evaluation (Article 86-88 of the Code of Criminal Procedure), The concept of the results of the HFD (clause 36.1 of Art. 5 of the Code of Criminal Procedure of the Russian Federation) and their use in proceeding (Article 89 of the Code of Criminal Procedure), the Criminal Procedure Law serves as the basis for determining the receptions for obtaining operational search information and its use in criminal proceedings. One of the composite elements legal base Hordes are legislative acts regulating the activities of individual entities of the Horde. They laid the foundation of the delimitation of powers of operational divisions, determine their tasks, establish rights and obligations. The following laws can be attributed to this group: - Federal Law of February 7, 2011 No. 3-FZ "On the Police", which among the rights of the police listed in Art. 13, secured the right to hold ORM; to carry out the exemption of documents, subjects, materials and communications and other activities provided for by the Federal Law; announce the search and take measures to search for persons who have committed crimes or suspected and accused of committing people who miss, other persons, whose search is entrusted to the police with this Federal Law, and also declare the search and take measures to search for abducted or stolen transport funds, abducted property, property to be confiscated; - Law of the Russian Federation of July 21, 1993 No. 5473-1 "On the institutions and bodies performing criminal punishments in the form of imprisonment", Federal Law of June 15, 1995 No. 103-FZ "On the detention of suspects and accused crimes, as well as the Criminal Code of the Russian Federation, who focused on the institutions of the penitentiary system the right to implement the Horde to solve the assigned tasks and assisting other operational services in the prevention and disclosure of crimes; - Federal Law of April 3, 1995 No. 40-FZ "On the Federal Security Service", which included the FSB bodies with the right to implement ARM in order to identify, prevent, prevent and disclose crimes related to their competence (espionage, terrorist activities, organized crime, corruption, illegal turnover of weapons and narcotic drugs, smuggling, etc.); - Federal Law of November 27, 2010 No. 311-FZ "On Customs Regulation in the Russian Federation", which in Chapter 46 has consolidated the right of customs authorities to conduct controlled supplies of goods; - Federal Law of January 10, 1996 No. 5-FZ "On External Intelligence", which, along with other functions, entered the external intelligence authorities with the right to implement the operations provided for by the Law on Horde for Opera 10 RESISTICAL ACTIVITIES in order to ensure their own security; - The Law of the Russian Federation of April 1, 1993 No. 4730-1 "On the State Border of the Russian Federation", which established in Art. 30 the possibility of implementing the Border Working Organs to ensure its own security; - Federal Law of May 27, 1996 No. 57-FZ "On State Protection", which consolidated in Art. 15 The right of federal state protection authorities for the implementation of the Horde in the interests of the solution of tasks assigned to them in accordance with the legislation on Horde; - Law of the Russian Federation of January 17, 1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation", which determined the powers of the prosecutor's office for the supervision of the laws by the laws by the Orders. The legislative acts regulating the relations arising in solving private tasks of the Horde can be attributed to the following laws: - Federal Law of January 8, 1998 No. 3-FZ "On narcotic drugs and psychotropic substances", in which the use of narcotic drugs and psychotropic substances is allowed when conducting individual ODs (Article 36), and the Organs carrying out Horde are endowed with the right to carry out the controlled supply and verification of narcotic drugs and psychotropic substances in order to identify, prevent and disclose crimes related to their illicit trafficking (Article 49); - The Law of the Russian Federation dated July 21, 1993 No. 5485-1 "On State Secret", which determined the list of information in the field of Horde relating to the state secret (Article 5), the procedure for admission of officials to the Horde (Article 21) and Access to information about the Horde, which make up the state secret (Art. 25); - Federal Law of July 7, 2003 No. 126-FZ "On Communication", which established in Art. 64 duties of telecom operators and limiting the rights of users of communication services during the conduct of ORM; - The Law of the Russian Federation of March 11, 1992 No. 2487-1 "On private detective and security activities in the Russian Federation", a deliberate Horde from private detective and security activities, which prohibited private detectives to carry out any ORM, assigned to the competence of public law enforcement agencies, and identifying the procedure for collecting data on citizens addressed in the ATS for permission to private detective and security activities. To the same group, legislative acts regulate the procedures for obtaining information constituting the secret of the privacy of citizens are: - Federal Law of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection", in Art. 9 K199 This provides a ban to require a citizen (individual) providing information about its private life, including information that makes up personal or family secrets, and to obtain such information besides the will of a citizen (individual), unless otherwise provided by federal laws; - Civil Code The Russian Federation, which secured in Art. 139 The concept of service and commercial secrets, and in Art. 857 - the concept of bank secrecy; - Federal Law of February 3, 1996 No. 17-FZ "On Banks and Banking Activities", established in Art. The 26 procedure for obtaining information about the accounts and contributions of individuals and legal entities that make up a bank secrecy. To the legal basis of HF, according to part 1 of Art. 3 of the Law on Horde, also includes other regulatory legal acts of federal state authorities. To regulatory legal acts The federal state bodies constituting the legal framework of the Horde include three groups of documents: - Decrees of the President of the Russian Federation; - Decisions of the Government of the Russian Federation. To the first group of these regulatory legal acts regulating certain issues in the field of Horde, the following decrees of the President of the Russian Federation include: - "On streamlining the organization and conduct of operational call measures using technical means"Of September 1, 1995 No. 891; - "On approval of a list of confidential information" of March 6, 1997 No. 188 and some others. To the second group of other regulatory legal acts, the following decisions of the Government of the Russian Federation include: - "On approval of the rules for attributing information constituting a state secret, to various degrees of secrecy" of September 4, 1995 No. 870; - "On approval of the Regulation on the National Central Bureau of Interpol" dated October 14, 1996 No. 1190 and some others. To the same group of regulatory legal acts include departmental legal documents taken by individual federal executive bodies that are not subjects of the Horde. In addition, the legal framework of the Code is the acts of the Constitutional Court of the Russian Federation and the Plenum of the Supreme Court of the Russian Federation, containing clarification and interpretation of the norms of operational search legislation in terms of their constitutionality. These include: 20 - Resolution of the Plenum of the Supreme Court of the Russian Federation of December 24, 1993 No. 13 "On some issues related to the use of articles 23 and 25 of the Constitution of the Russian Federation"; - Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 No. 8 "On some issues of applying the courts of the Constitution of the Russian Federation in the exercise of justice"; - Definition of the Constitutional Court of the Russian Federation of July 14, 1998 No. 86-O "On the case on the verification of the constitutionality of certain provisions of the Federal Law" On Operational Festival Activities "on the complaint of citizen I.G. Chernova "I. whole line other decisions and definitions. Listed legal acts are the main in the regulation of the Horde. However, they do not exhaust the sources of legal regulation of this type of state law enforcement. Part 2 of Article 3 of the Law on Horde enshrines the Orders, the right to publish within their powers of regulations governing the organization and tactics of ORM. In accordance with the rules for the preparation of regulatory legal acts of federal executive bodies and their state registration, approved by Decree of the Government of the Russian Federation of August 13, 1997 No. 1009, regulatory legal acts may be published by federal executive bodies in the form of decisions, orders, orders, rules, instructions and regulations. Wherein structural units And the territorial bodies of the federal executive authorities regulatory legal acts cannot be issued. The regulatory legal act can be published jointly by several federal executive bodies or one of them in coordination with others. The acts are approved by the head of the executive authority or the person who performs his duties. Regulatory legal acts affecting the rights, freedoms and obligations of citizens who establish the legal status of organizations with interdepartmental nature, including acts containing information that make up state secrets, or confidential information, are subject to state registration at the Ministry of Justice of the Russian Federation. After registering, such regulatory legal acts are subject to official publication in installed mannerIn addition to acts or individual items containing information that make up state secrets, or confidential information. Organization and tactics of the implementation of ORM according to Art. The 12 of the Law on ORD is assigned to the state secret, therefore, regulatory legal acts regulating the organization and tactics of ORM are published with 21 grinds "Secret" and "completely secret", and their content in open printing is not published. Access to the following regulatory acts There are only employees and managers of operational units, as well as other officials of the state executive authorities, carrying out control and supervision of Horde and having a corresponding admission to the information constituting the state secret. However, some issues related to the implementation of the Horde are regulated in regulatory acts of an uncommon. The following regulations must be attributed primarily: - Order of the Ministry of Internal Affairs of the Russian Federation, FSB, FSO, FCS, SVR, FSIN, FSKN, Ministry of Defense of Russia No. 368/185/164/481/32/184/97/147 "On Approval Instructions on the procedure for representing the results of the Horde in the investigator, the body of the inquiry, investigator, the prosecutor or to court. " In this regulatory act, the concept of the results of the Horde is given and the main types of documents reflecting the results of the HFD are listed; Requirements for them; A single procedure for presenting the results of the HFA is enshrined, as well as the mechanism for the protection of information on organs exercising and ensuring the safety of its participants; - order of the Ministry of Internal Affairs of the Russian Federation / Ministry of Justice of the Russian Federation / FSB / FSS / FSKN / FCS dated October 6, 2006 No. 786/310/470/333/971 "On approval of the Instructions for the Organization of Information Support for Interpol Cooperation"; - Instructions on the procedure for admission, registration and permit to the ATS of the Russian Federation of applications, reports and other incident information approved by the Order of the Ministry of Internal Affairs of Russia of May 4, 2010 No. 333, which regulates the procedure for admission to the Department of Information, which is the basis for conducting ORM, And some other regulations. The legal basis of the FMU legislator did not include international legal acts on crime control, although part 4 of Art. The 15 Constitution of the Russian Federation enshrines the norms of international law and international treaties of the Russian Federation as an integral part of its legal system. Analysis of the content of the Law on Horde allows to conclude that international legal acts are independent sources of legal regulation of the HRD. In particular, paragraph 6 of Part 1 of Art. The 7 of the Law on Horde defines the requests of international law enforcement organizations as an independent basis of ORM, and paragraph 3 of Art. 14 is consolidated among the responsibilities of operational services the need to fulfill the requests for law enforcement agencies of foreign countries. Among international legal acts, which are based on the most important relations in the field of Horde include the following: 22 - the Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948 which is in art. 12 proclaimed the right of any person to defend against arbitrary interference in his personal life and from arbitrary encroachment on the inviolability of his home and the secret of correspondence; - European Convention on the Protection of Human Rights and Fundamental Freedoms Adopted by the Council of Europe on November 4, 1950, prohibiting the intervention of state bodies in the implementation of citizens' right to privacy, except in cases where it is provided for by law and is necessary in the interests of state security and prevent crimes (Art. 8); - The European Convention on Mutual Legal Assistance in Criminal Affairs, adopted by the Council of Europe on April 20, 1959, which consolidated the duty of States participating in this international Organization carry out any legal instructions on investigative cases and provide other legal assistance in criminal prosecution for crimes; As well as some other international legal acts signed or ratified by the Russian Federation. The source of legal regulation of the Horde is the international legal acts adopted by the CIS Member States, including the most paramount importance of the Convention on Legal Assistance and legal relationship According to civil, family and criminal cases, signed in Minsk on January 22, 1993 and ratified by the Federal Law of August 4, 1994 No. 16-FZ. According to Art. 6 of this document, the parties have pledged to provide each other with legal assistance through the implementation of procedural and other actions provided for by law, where under other actions are also implied by ORM. The Convention regulated the content and form of instructions on the provision of legal assistance, the procedure for their execution, the rules for issuing subjects that may be important to evidence in criminal cases, and a number of other issues related to ORM. A separate group of international legal acts amounted to cooperation agreements between the individual law enforcement agencies of the CIS member states, including the following: - Agreement on the interaction of ministries of independent states in the fight against crime, signed in Alma-Athe 24 April 1992 in which the parties agreed to fulfill requests and requests for criminal cases and DOU, exchange operational-search information on preparing or committed crimes, to assist in the conduct of ORM and procedural actions; 23 - Agreement on cooperation between ministries of internal affairs in the fight against illicit drug trafficking and psychotropic substances, signed in Kiev on October 21, 1992; - Agreement on cooperation of the ministries of internal affairs in the field of combating organized crime, signed in Ashgabat on February 17, 1994; - Agreement on cooperation in the field of special support of the Horde, signed at a meeting of the Council of the Ministry of Internal Affairs of the CIS member states, held on December 16-18, 1998 in Moscow, which regulates the procedure for fulfilling requests for observation of persons justified by suspects in committing crimes When crossing the internal borders of the CIS. The latter group of international legal acts includes some other multilateral and bilateral international agreements and contracts in the field of crime control. The foregoing allows us to conclude that the legal framework of the Code is a very extensive list of legislative and other regulatory legal acts, knowledge and observance of which is a prerequisite for its successful implementation. In law enforcement practice, it should be borne in mind that the legal basis of the Horde is in a state of dynamic development and continuous improvement. 2. The moral basis of the operational-search activities of the Horde as a type of social useful activity causes an ambiguous moral assessment in society. This ambiguity is determined by the fact that the indicated activity is related: - with the restriction of the rights and freedoms of the individual; - use of specific (conspiracy) means and methods of combating crime; - Applying force measures. In addition, during the implementation of ORM facing public and professional interests and needs. The implementation of professional interest (the most effective solution of the tasks of the Horde) in certain cases is facing the interests of society (respect for the rights and freedoms of the individual, the interests of society and the state). In these cases, it is important to correctly relate these interests among themselves so that professional interest is not implemented by the interests of society. If professional interest becomes bothering, it confesses with public interest. In this case, society begins to consider ORO not as his defenders, but as foreign authorities alien to him, who are unacceptable from the point of view of public morality, the means and methods of activity. The ideal state in these conditions is the coincidence of professional needs and public requirements. In particular, by placing the task of protecting life, health, human rights and freedoms and citizen, ensuring the security of society and states from criminal encroachments, society should provide them with the ability to use the means adequate to this task and methods of activity. In other words, it is necessary to find such a combination of public and professional interests in order to achieve the goal with the most adequate means, when, on the one hand, society recognizes the admissibility of using these funds, and on the other - these funds are sufficient and effective in terms of solutions of operational-search Tasks. The Federal Law of the Horde enshrines a number of provisions, the totality of which allows to judge the moral content of this activity. These include: - determination of the moral and positive goal of the Horde - the protection of life, health, human rights and freedoms and citizen, property, security of society and the state from criminal encroachments (Article 1). No other goals can be the basis for conducting ORM (Article 5); - the requirement of respect and respect for human rights and freedoms and citizen (Art. 3); The ban on the disclosure of information that affect the inviolability of privacy, personal and family mystery, the honor and kind name of citizens and who became known in the process of conducting ORM, with the exception of cases provided for by federal laws; - An indication of the fact that the Horde is carried out only in exceptional cases when it is not possible to solve the problem of combating crime with other means (art. eight). This provision focuses on the use of Horde funds by virtue of their acute and specificity considered as an extreme necessity; - Establishment of clear grounds and conditions for conducting an Horde, an exhaustive list of possible types of ODM, as well as types of operational and search bodies and their competences (Article 6, 7, 8, 13). Establishing these requirements is necessary both in order to prohibit the conduct of ORM in other circumstances, not established by law, and in order to eliminate the use of unauthorized funds (provocations, a reservation, self-shaped, falsification of materials, etc.). The HRD not only meets the requirements of moral norms, but also contributes to their implementation through the fight against crime, since it is crime that is the most vivid form of immoralism. If the perfect crime is not disclosed, and the crimes nickname is not exposed, this means not only that the criminal law is not applied and the right remains powerless, but also the fact that the norms of morality, being rudely broken, is also deprived of the opportunity to be implemented while The justice and the criminal did not suffer deserved penalties. Considering the fact that a significant part of grave crimes is revealed solely due to ORM, such activities is effective tool Approval in society moral norms. All this indicates the moral and positive aspects of the Horde, its humane orientation and aimed at approval of justice. It is impossible not to take into account the fact that the Horde does not always have a positive effect on the operational staff themselves and citizens who have confidential assistance. In particular, they may deform moral positions, to form the installation on the recognition of the admissibility of any intervention in the personal and social life of citizens, a sense of shame and the like will be addressed to the "involvement" of life. Obviously, this cannot but cause doubts about the justification of such activities of operational employees. That is why this is so acute the question of the moral content of the Horde and the admissibility of use in the fight against the offenses applied during its implementation. A negative assessment in the public opinion of some forms and methods of HFD is largely related to a fairly common stereotype, when this or that phenomenon is given once and for forever a certain value. The HRD can be attributed to those activities in which the specific act of a person used by them may not be morally ideal, but be necessary to achieve a noble goal. Of all the possible behavioral options in these conditions, including the refusal to achieve the goal, they are the most acceptable, and therefore admissible, because the refusal to lead to greater negative consequences. In ethics, this is called the choice of "smallest evil", and in the right - extreme necessity. Legal standards and operational practice offer a number of criteria, in accordance with which one can find that faction, outside which good turns into evil, the goal of the protection of society from offenses, becoming an end in itself, causes him damage. As such criteria, it is necessary to name: - the need to use these tools and conducting these ORM data or the possibility of obtaining the necessary result with the help of other means; 26 - alleged material and spiritual consequences of conducting certain ORM; - materiality, efficiency and sufficiency for the actual data, which will be obtained during these ORM; - The degree of public danger of the crime and the criminal. Consequently, when making a decision on conducting an ARM and during their conduct, the right choice of funds is needed, because it may happen that the crime will be prevented or disclosed, but such a price that negative consequences will explicitly prevail over the positive results achieved. It is important to note that the decision on the possibility of using one or another may be recognized correctly if all or at least the most significant consequences will be taken into account that the decision of the decision may foresee. The moral consequences possess that feature that externally, it would seem useless, ineffective, who do not have the direct practical value of the act acquire a high social significance. In this regard, for the adoption of the right decision on the moral admissibility of certain ORM, the calculation of the positive and negative impact of these actions both on the behavior and fate of people and their consciousness should be taken together. Thus, morally admissible, or other ORM can be considered if its conduct or use led to smaller physical, moral, material and other costs than its absence (incommodification). Applying the above-mentioned criterion of moral admissibility when choosing certain funds of the Horde, it is necessary to find out whether it is due to the need for their use, because, if we have the opportunity to use other tasks for solving law enforcement agencies, less "acute" means, then one This is the basis for recognizing the use of data of funds inadmissible. Secondly, the recognition of the need to use those or other operational-search funds does not yet give reason to speak of their morally admissible character. The determination of the boundaries of the admissibility of conducting certain ORM in each particular case, each of which has an individual moral and legal consciousness, that is, has its own idea of \u200b\u200bthe content of moral and legal norms and values, the criteria of moral and immoral, legitimate and unlawful. In practice, this can lead to the fact that the same ORM can be assessed by different people and as permissible, and as an unacceptable. This circumstance is important to take into account, because only when the planned ORM will be objectively (in accordance with the moral 27 and legal requirements) and perceived subjectively (in accordance with the beliefs of the subject) admissible, it can be acceptable. The discrepancy in the assessment of the ORM social and individual consciousness affects the effectiveness and feasibility of their holding, and ultimately - to protect the interests of the individual, society and the state. Each operational employee should be convinced of the need and the legality of the use of Horde's funds in the fight against criminal encroachments on personality, society and the state, see their moral and positive content. The absence of such conviction will inevitably affect its attitude towards its confidential assistants, methods and means of working with them, as well as on attitude to the objects of the HFD. The problem of moral choice arises in front of employees conducted by the Horde, not only in assessing the possibility of conducting various ORM, but also during their daily work. The value of moral choice increases sharply in those situations when it is impossible to postpone the decision of the issue and when a person remains alone in this decision, with its conscience, beliefs, moral principles. Such situations are largely characteristic of the Horde, when an employee is forced to independently make decisions in complex, ineptful circumstances requiring immediate solution. From what will be his choice will often depend on the success of a particular operation. In order to choose the most correct option (from the practical and moral side), the employee must know all possible actions that can be made in this situation. The conspiracy character of some ORM makes a number of features in the knowledge of choices, the main of which is the lack of opportunities for finding out all or at least the most significant consequences of the operational employee, since the moral choice often has to be done in risk situations. Under these conditions, the importance of personal moral and volitional qualities of the operational employee is especially increasing. Errors are difficult to avoid in any complicated business, especially in an ARD associated with acute confrontation, conspiracy, non-standard situations that are claimed by employees before the alternative to the choice. However, you need to strive to minimize them. Any assessment of one or another failure that the resulting choice in an ordinary or risky situation should be based on a deep analysis of what happened. If it is established that the choice of action was made correctly, but its implementation was prevented by the conditions that the operational employee could not foresee, the moral assessment of its actions should be positive. Negative assessment deserve those errors in the choice of Deet-28 Vius, which are caused by the incompetence of the employee, the inexpediency of selected funds. In operational practice, this issue is usually solved as follows: if an operational employee correctly correlates the value of lost as a result of the benefit with a possible damage in case of failure, commends the probability of success with the probability of failure, measures measures to minimize the damage in case of failure and as a result will come to the reasonable The conclusion about the feasibility of risky actions, then regardless of their outcome and consequences there can be no question of bringing him to justice. On the contrary, in case of failure, it should be fixed in a justified risk. The operational employee who goes to an unjustified risk is subject to responsibility, but even more those who do not fulfill the duties assigned to him inactive because of the fear of consequences. Questions for self-control 1. How are regulatory legal acts regulating the ORD classify? 2. Name international treaties and agreements of Russia for organizing cooperation with law enforcement agencies and special services of foreign countries. 3. What is the mechanism of legal regulation of the Horde? 4. Name the stages of the development of regulatory and formation of operational search law. 5. How do moral and moral norms of behavior with legal norms of the Horde correlate? 6. Name the problems of moral choice and evaluating actions in the process of implementing the Horde. 7. What is the extreme moral necessity in the Horde? 8. What is the ethics of operational work? Recommended literature 1. Kwasha Yu.F., Surkov K.V. Essence, tasks, legal framework and principles of the Horde: Lecture. SPb.: S.-Petersburg. jurid In-T of the Ministry of Internal Affairs of Russia, 2009. 2. Kozlov V.I. Theoretical foundations and organizational and legal problems of countering criminal threats to the law enforcement function of the state (operational-search aspect): monograph. M.: VNII MIVD of Russia, 2007. 170 p. 3. Regulatory legal acts on the organization of operational investigative activities: Sat. regulatory legal acts. M.: VNII MIVD of Russia, 2008. 736 p. 29 4. Operational search activities: Tutorial / Ed. Kk Goryinova, V.S. Ovchinsky, G.K. Sinilova, A.Yu. Shumilova. M.: Infra-M, 2008. 5. Rivman D.V. Commentary on the federal law "On operational investigative activities". SPb.: Peter, 2009. 30 Lecture 3. Organs and officials who carry out operational-search activities. Questions 1. The concept and list of the subjects of operational investigative activities. 2. The powers of the bodies carrying out operational search activities. 1. The concept and list of subjects of operational-search activities of one of the most acute problems of modern Russian society is crime. This negative phenomenon in Russia, as in other countries of near and far abroad, is characterized by significant growth, increasing danger, new forms of manifestation. The harm caused by advanced crimes is calculated by many billion rubles. At the same time, modern criminal activity, as a rule, is planned, and in the planning process, the criminals carry out a whole range of intelligence activities, develop options for behavior with the occurrence of certain events, ways to cover criminal activities, as well as measures to combat law enforcement agencies. To reveal this kind of crime, to attract the perpetrators to criminal responsibility, it is possible only under the condition of the use of special means and methods of the HFD. Thus, the HFD is an important factor in the fight against crime. These circumstances determine the need to use all the possibilities of the Horde in the prevention and disclosure of crimes provided by the law on Horde. The presence of Horde predetermines the need to create special divisions endowed with the law to the authority to implement ARM in order to protect the life, health, human rights and freedoms and citizen, property, security of society and the state. The list of subjects of the Horde, their powers and competence, enshrined in the legislation of the Russian Federation, are constantly changing depending on the needs of society. Their knowledge is important both for the effective struggle with crime in general and for the establishment of interaction between different organs carrying out the Horde, in particular. 31 In modern Russia, the HRD carry out various operational units. Their powers of unequal and depend on the competence, as well as on the availability of special forces and funds at their disposal. According to Art. 13 of the Law on Horde The Implementation of the Horde on the territory of the Russian Federation, operative units are endowed: - Internal Affairs Bodies of the Russian Federation (ATS); - the federal security authorities (FSB); - federal state protection bodies; - customs authorities of the Russian Federation; - services of foreign exploration of the Russian Federation (CVR); - Federal sentence of penalties (FSIN); - bodies for control over the turnover of narcotic drugs and psychotropic substances (FKS). On the territory of Russia, law enforcement and special services of other states cannot implement ORM. In the event of their need for the implementation of investigative and operational actions in the territory of the Russian Federation, they must come in accordance with international legal agreements and the Interpol Charter (if they are members). In this regard, it should be noted that the leaders of the bodies carrying out Horde cannot enter into contracts and agreements with law enforcement agencies of other states to provide them with the right to conduct an ARM in the territory of the Russian Federation. The right to implement the Horde is only the operational units listed in Art. 13 of the Law on Horde Organs. An important element of the implementation of the principle of legality in the ORD is the order that the list of organs engaged by the Horde can be changed or supplemented only by federal law. This should be interpreted as follows: - First, as an indication of the legislator on the exceptional nature of the empowerment of certain entities with the authorities in such a specific form state activities What is the operational work. The exclusivity is manifested in the fact that only the legislator itself is competent to empower those or other bodies (state bodies and bodies of the inquiry) by the authority to conduct an Horde; - Second, as the requirement of the legislator to consider the implementation of the Horde of the Community to the subjects in the system, outside the separation of the activities of one state bodies from similar activities of other elements of the state mechanism; - Third, any changes in the quantitative composition of operational-search bodies are considered legitimate solely after the adoption of the relevant federal law, and not the adoption of another regulatory legal act (for example, the decree of the President of Russia or the law of the constituent entity of the Russian Federation). 32 List of operational units eligible to implement the Horde, their powers, the structure and organization of work determine the leaders of the internal affairs bodies, the federal security service, federal state protection authorities, customs authorities, the foreign intelligence services, the federal sentence authorities, drug control bodies and psychotropic substances. This right assumes the creation of not only specific services and units carrying out the HFD in the structure of the Ministry or the Office, but also the respective territorial bodies. The structure, powers and other elements of the organization of units are established by the heads of the organs carrying out the HRD. The powers of operational search divisions are determined, as a rule, their criminal law competence and the functions performed. In addition, the head of the Orders authority can create units to implement any individual functions or conducting specific activities (operational search, operational and technical, analytical, etc.). In this case, the powers of the divisions are determined by the functions performed. Based on this, all operational divisions of the organ exercising by the HRD can be divided into two groups: 1) performing an operational-search function in full; 2) Performing only individual ORM. We also note that from the legislative definition of the concept of the Code (Article 1 of the Law on Horde) it follows that these activities are carried out by authorized state bodies. At the same time, the law provides the right to implement the Horde is not a state body as a whole, but only its operational divisions. Officers belonging to the staff of operational units are implementing the HRD. Consequently, the officials of other units included in the structure of the listed state bodies are not entitled to independently carry out ORM, and they can only be involved in their officials of the operational units of these bodies. Under the operational units, the structural units of these bodies are understood, which directly perform ORM in accordance with the departmental distribution of functions and within the established powers. Operational unit is an operational-search, operational-search, operational and technical, counterintelligence, intelligence or information and analytical department (Group), Division, Service, Management, General Management, as well as a division of own security and other organizational and staffing subsection33, included in the structure of the Russian special service or law enforcement agencies in functional responsibilities which includes the solution of operational search, counterintelligent or intelligence tasks provided for by federal legislation. So, in accordance with the order of the Ministry of Internal Affairs of the Russian Federation of August 15, 2011 No. 938 "On some issues of the Organization of the ORD in the system of the Ministry of Internal Affairs of Russia" the right to conduct ORM is the operational divisions of the Ministry of Internal Affairs of Russia. In full, such powers are endowed by criminal investigation divisions; economic security and anti-corruption; own security; to counteract extremism; fight criminal encroachment on loads; ensuring the safety of persons subject to state protection. The implementation of the specified activities are also entitled to operative, operational technical and operational-ravous units; organization of operational investigative activities; Interregional operational search departments of the district territorial bodies of the Ministry of Internal Affairs of Russia. Divisions special purpose They can carry out the following ORM: a survey, guided references, observation, identification of personality, examination of premises (buildings, structures, terrain, transport). They are also entitled to attract citizens to promotion on a confidential basis. At the same time, they cannot conduct test purchases, listen to telephone conversations, engage in operational implementation and other units of operational and search information have the right to interrogate citizens, help references, collect samples for a comparative study, identify identity, use confidential assistance to citizens. NCB Interpol of the Ministry of Internal Affairs of Russia and its divisions can interrelicate citizens at the request of international and foreign law enforcement agencies, to help references and identify personality. The list of employees of the Ministry of Internal Affairs of Russia, admitted to the Horde for office is determined. These are the leaders of the internal affairs bodies responsible for the work of the above divisions. They are authorized to spend money allocated on the specified activity and control its implementation. Operational divisions of a specific operational-search body are structured into the relevant organizational and administrative units. The leaders are authorized to adopt legally significant decisions in the field of Horde, but not included in the staff of operational divisions, are not entitled to carry out Horde, but only endowed with the authority to control its implementation. 34 Officials of bodies controlling the Horde supervising (prosecutors) carrying out financial control, judges and persons involved in the conduct of the Horde do not belong to the Organs exercising the HFD (operational divisions). And although they may be subjects of operational-search relations, nevertheless are not endowed with the right to implement the Horde even in a limited amount. In particular, the authorized prosecutors supervise the Horde, the judges authorize the conduct of individual ORM, but they themselves are not entitled to conduct ORM. Individuals that are ODD objects are endowed with subjective rights stipulated by the law on Horde, are participants in operational-search relationships, but units are not related to the subjects. It can also be said about persons providing assistance to organs carrying out Horde, both vowels and confidentially. In the law on Horde, such participants in operative relationships, both specialists, telecom operators, investigators, investigators, and others are also mentioned, and others. These individual categories are not included in the staff of operational units and therefore are not endowed with the right to implement the HFD. Thus, entities carrying out the HFD are state bodies, operational units or officials with powers to implement this type of activity. 2. The powers of the bodies engaged in operational-search activities under the powers of the ORD authorities are understood as the combination of their rights and responsibilities arising from the tasks and functions of these bodies, which are defined by the relevant industry laws and subtituer regulatory legal acts. In particular, to determine and distinguishing the powers of the authorities - subjects of the Horde should be guided by federal laws "On the Police"; "ABOUT federal Service security "; "On state protection"; "On the service in the customs authorities of the Russian Federation"; "On foreign exploration"; "On narcotic drugs and psychotropic substances"; The Law of the Russian Federation "On the institutions and bodies performing criminal punishments in the form of imprisonment"; Customs Code of the Russian Federation; Code of Criminal Procedure and other legislative acts. The competence of organs - subjects of the Horde is determined on the basis of the congestion of crimes defined by Art. 151 of the Code of Criminal Procedure, and is limited by the norms of the law on Horde. The law does not conduct a tough distinction in the competence of the bodies related to the number of subjects of the Horde. In a situation where the responsibility of the detection, prevention, preventing and disclosure of crimes, determined by the same and the same norms of the Criminal Code, is entrusted simultaneously to various bodies - the subjects of the Horde, their competence can be determined on the basis of the provisions of legislation governing the fight against these types of crimes. So, subjects directly carrying out the fight against terrorism are: FSB; Ministry of Internal Affairs; CVR; FSO; Ministry of Defense of the Russian Federation. At the same time, in this area, the competence of the FSB and its territorial bodies in the constituent entities of the Russian Federation in this area include the struggle against terrorism through the prevention, detection and suppression of crimes of terrorist nature, including crimes pursuing political goals, as well as prevention, detection and preventing international terrorist activities. The competence of the Ministry of Internal Affairs of Russia includes the warning, identifying and preventing the crimes of terrorist nature, haunting mercenary purposes. FSO carries out the fight against terrorism by ensuring the safety of objects of state protection and protection of protected objects, etc. The competence of the ATS in the field of the Horde is limited by solving the tasks to ensure the safety of personality, protection public order and public security; Identify, prevention, suppression and disclosure of crimes. Depending on the competence, operational units carry out various operational and service tasks. The functional responsibilities of employees of operational services of the ATS are diverse depending on the specific tasks performed by them, but they can all be combined with one main feature - using operational search capabilities in the fight against crime. The FSB bodies are carried out by the ORD for the objectives of the fight against crime, the fight against terrorism, counterintelligent and intelligence goals, providing border activities, providing information security (Art. 8 of the Federal Law "On Federal Security Service"). For these purposes, they have the right to carry out the entire complex of ORM. In accordance with Art. 9 of this law under counterintelligence activities means the activities of the federal security authorities within their powers to identify, prevent, curb the intelligence and other activities of special services and organizations of foreign countries, as well as individuals aimed at damage to the security of the Russian Federation. The procedure for the use of segless methods and means in the implementation of counterintelligence activities is determined by the regulatory acts of the FSB. Intelligence activities are carried out by the FSB bodies within their powers and in cooperation with the external exploration bodies of the Russian Federation in order to obtain 36 information about the security threats to the Russian Federation. The procedure for conducting intelligence activities, as well as the procedure for the use of unknown methods and means in the implementation of intelligence activities, is determined by the regulatory acts of the FSB. According to Art. The 10 Named Federal Law, Operational Units of the FSB carry out ORM to identify, prevent, curb and disclose espionage, terrorist activities, organized crime, corruption, illegal turnover of weapons and narcotic drugs, smuggling and other crimes, inquiry and preliminary investigation on which the law is attributed to their jurisdiction. , as well as to identify, prevent, curb and disclose the activities of illegal armed formations, criminal groups, individuals and public associations that are as intended to be a violent change in the constitutional system of the Russian Federation. The federal law and other regulatory legal acts of the federal laws and other regulatory legal acts of federal state authorities may also be aged crime tasks. The FSO assumes the tasks of predicting and identifying threats to the vital interests of state protection facilities, the implementation of a complex of measures to prevent this threat; ensuring the safety of state protection objects in places of permanent and temporary stay and on travel tracks; provision within their powers of the organization and functioning of presidential communications; participation within its powers in the fight against terrorism; Protection of protected objects; identifying, preventing and suppressing crimes and other offenses on protected facilities (Article 13 of the Federal Law "On State Protection"). Thus, the federal state protection bodies carry out Horde for security purposes. supreme Organs legislative, executive and judicial authorities of the Russian Federation and their officials. The competence of customs authorities as organs carrying out the Horde is defined in Art. 224 of the Labor Code of the Russian Federation, from which it follows that they carry out Hordes in order to identify persons preparing who committed or committed an unlawful act recognized by the legislation of the Russian Federation a crime, the production of inquiry on which is related to the competence of the customs authorities of the Russian Federation, as well as when requests from international customs organizations , customs and other competent authorities of foreign countries in accordance with international treaties of the Russian Federation on customs issues. According to the Law of the Russian Federation "On the institutions and bodies performing criminal penalties in the form of imprisonment", as well as in accordance with Art. 84 PEC RF in correctional institutions is carried out by the Horde, 37 of the tasks of which are: ensuring the personal safety of convicts, personnel of correctional institutions and other persons; identification, prevention and disclosure of preparing and performed crimes committed and violations of the established procedure for serving sentences; The search for convicts who accustomed escape from correctional institutions, as well as convicted, evading the departure of imprisonment; Assistance in identifying and disclosing crimes committed by convicts before arriving in a correctional institution. The solution of these tasks is assigned to the following structural divisions of the penitentiary system: operational departments; Security divisions; operational technical units; Distributions on the search for criminals who escaped from sending a sentence. The named divisions are carried out by the Code not only on the territory of correctional institutions, but also outside their limits. However, in these cases, they act, as a rule, in cooperation with other organs carrying out Horde and serving certain objects or areas of terrain. The Horde is carried out by operational units of correctional institutions, as well as other authorized bodies within their competence. FSKN is specifically authorized to solve problems in the sphere of narcotic drugs, psychotropic substances and their precursors, as well as in the field of countering their illicit turnover. To achieve the goals of intelligence activities on the foreign exploration bodies of the Russian Federation assigned: implementation of measures to encrypt the personnel composition and to organize its activities using other departmental affiliation for these purposes; interaction with federal executive bodies carrying out counterintelligence activities and federal state protection authorities of the Russian Federation; Organization and provision within their competence for the protection of state secrets in the institutions of the Russian Federation outside the territory of the Russian Federation, including the definition of the procedure for the implementation of the physical and engineering and technical protection of these institutions, measures to prevent leakage on the technical channels of information constituting the state secret; ensuring the safety of employees of the institutions of the Russian Federation, located outside the territory of the Russian Federation and their families in the state of stay; Ensuring the safety of citizens of the Russian Federation sent beyond the territory of the Russian Federation, having admission to the information constituting state secrets, and 38 members of their families with them; interaction with intelligence and counterintelligence services of foreign countries in accordance with the procedure established by the Federal Law "On External Intelligence"; Ensuring your own security, that is, the protection of their forces, means and information from unlawful actions and threats, etc. (Art. 6 of the Law "On External Intelligence"). It should be noted that the competence in the field of ORD operational divisions of the foreign intelligence body of the Ministry of Defense of the Russian Federation is limited by the legislator by the law of ORM only in order to ensure the safety of the specified body of external intelligence and in the event that their conduct does not affect the powers of other bodies. In particular, the fight against corruption is related to the competence of the FSB and the ATS, therefore, the conduct of ARM, aimed at identifying and disclosing corruption crimes committed by employees of foreign exploration of the Ministry of Defense, should be carried out by the operational units of these bodies. The identification and suppression of the activities of foreign intelligence, espionage, the treason is at the competence of the FSB, respectively, the conduct of ORM in this area should be carried out by the operational units of these bodies. The legal capacity of the organs of the IDD subjects in solving problems in the field of this activity is ensured by a set of their responsibilities provided for in Art. 14 of the law on Horde, concentrating the provisions on the duties of the Organs exercising by the Horde, which follow from the provisions of other norms of the Law on Horde. The rights of the organs carrying out the Horde are fixed in Art. 15 of the Law on Horde. In this case, under the rights of organs exercising the Horde, it is understood as the right to the right of the possibility of (powers) of action of action in order to solve the tasks of the Horde. When solving the tasks of the Horde, the authorities authorized to implement it are entitled to: 1. Conduct the vowel and the unlawfully ORM listed in Art. 6 of the Law on Horde, to make the withdrawal of documents, subjects, materials and communications, as well as interrupt the provision of communication services in the event of an immediate threat to the life and health of the person, as well as the threats of the state, military, economic or environmental safety of the Russian Federation. 2. Installing the ratio of cooperation with persons who express agreement to assist on a confidential basis by an agreement on a confidential basis by agreement on a confidential basis. 3. Use in the course of ORM under the contract or interconnection office premises, property of enterprises, institutions, organizations, military unitsas well as residential and non-residential premises, vehicles and other property of individuals. 39 4. Use for the purpose of conspiracy, the documents encrypted by officials, departmental affiliation of enterprises, institutions, organizations, units, premises and vehicles of organs carrying out the HFD, as well as the identity of citizens who assist on a confidential basis. 5. Create an enterprise, institution, organization and units in accordance with the legislation of the Russian Federation necessary to solve the tasks provided for by the Law on Horde. The legal requirements of officials of the Orders carrying out the Horde are mandatory for the execution by individuals and legal entities to which such requirements are presented. The failure to fulfill the legitimate requirements of officials of the organs engaged in the Horde, or the prevention of its legitimate implementation entail the responsibility provided for by the legislation of the Russian Federation. It is necessary to pay attention to the fact that in Art. The 15 Law of the Code lists law enforcement rights only in the field of HFD. Other rights of these bodies are set forth in the norms of other laws governing the activities of the ARD subjects ("On Federal Security Service", "On External Intelligence", "On the Police", etc.). At the same time, it is important not to mix the rights of employees of operational units and the rights of organs carrying out the HFD. The scheme of their relation is quite complex, but in general, it can be represented as the ratio of private and general. In the authorities, which are running out operational staff, the specification of the rights of organs carrying out the HFD is reflected. Questions for self-control 1. What are the rights to have organs carrying out HFA, in accordance with the Law on Horde? 2. What operational departments of the ATS have the right to implement the Horde fully? 3. Name the circle of responsibilities of organs carrying out the HFD, in accordance with the Law on Horde. 4. List the operational divisions of the ATS, which can be carried out not in full. 5. What is understood as the powers of the organs carrying out the HFD? 40 Recommended literature 1. Gaidov VB Law enforcement service In the internal affairs bodies of the Russian Federation: studies. benefit. M.: COOKR MVD of Russia, 2009. 152 p. 2. Lapin E.S. Operational search activities: a course of legal and theoretical foundations: studies. benefit. M.: Yurlitinform, 2010. 224 p. 3. Law enforcement of Russia: a textbook / ed. V.P. Bohiz. 2nd ed., Pererab. and add. M.: Higher. Education: Yurajtizdat, 2009. 336 p. 4. Theory of operational-search activities: textbook / ed. Kk Goryinova, V.S. Ovchinsky, G.K. Sinilova. M.: Infra-M, 2007. 832 p. 5. Federal Law "On Operational Festival Activities": Scientific and Practical Comment / Ed. A.E. Chechenin. 12th ed., Pererab. and add. Barnaul: buses of the Ministry of Internal Affairs of Russia, 2007. 224 p. 6. Shumilov A.Yu. Course of the Fundamental Fundamental Activities: Textbook for universities. M.: ID Shumilova I.I., 2007. 375 p. 41 Lecture 4. Persons promoting operational search bodies (on the example of the internal affairs bodies) issues 1. Persons who contribute to the authorities of the internal affairs on a vowel basis. 2. Persons who contribute to the internal affairs authorities on a confidential basis. 1. Persons who promote internal affairs bodies on a vowel-based basis in accordance with the current legislation and the current practice of the ATS department, carrying out Horde, can attract individuals with their consent to participate in the preparation and implementation of ORM on a vowel basis. Attracting individuals to the preparation and conduct of ORM on a vowel-based basis can be expressed, for example, to use the assistance of these persons for conducting verification purchases, observations, guidance, identity identification, counseling on certain issues requiring special knowledge, and others. The content of cooperation is determined by special The conditions for the implementation of the Horde. Subsequently, the received operational data may be given publicity, and the participants themselves themselves can become applicants and witnesses on a specific criminal case. The complex of legal norms that determine the status of persons who promote units carrying out the ORD is set forth in the law on Horde, where the tasks are listed to solve this category of citizens, as well as their rights and obligations. The most effective form of vowel participation of citizens in the fight against crime is freelance cooperation. Freelance cooperation between citizens with ATS in the fight against crime is regulated not only by documents legislative level, but also by departmental regulatory acts. Foreign cooperation implies a mandatory specialization of citizen participation in the Horde. At the same time, such cooperation provides for: a) the organizational independence of operational activities of the Department of Internal Affairs in the management of social activists (defining the work line, its regime, technical provision, tactical activity limits, etc.); 42 b) the right of employees of operational divisions to independently select candidates for freelance cooperation; c) full accountability and control of freelance employees by the staff of the operational departures of OVD. Freelancers are selected by the operational composition of the Department of ATS from among adult citizens who voluntarily express the desire to assist in solving the tasks within the competence of these units, and showers the necessary personal qualities and abilities for this. The main qualities and abilities should be attributed to: honesty, acute sense of justice and responsibility, irreconcilability of the law, intelligence, will, the ability to actively participate in the preparation or conducting an ARM, the ability to go for a justified risk. These qualities and abilities allow freelance employees to comply with certain requirements and conditions of cooperation. Thus, an inherent condition for freelance cooperation with the Departies of the ATS, carrying out the HFD, is the obligation to preserve in the secret of information that has become known to freelance employees during the preparation or implementation of ORM. This provision is due to several factors: firstly, the fact that the inslaces of ORM is a measure to achieve their greatest effectiveness; Secondly, in the fact that external employees in the process of special training, as well as during their involvement, any specific objects of operational attention, operational goals, as well as individual techniques and methods of HFA, are disclosed. The limits of access of each external employee to information containing an official or other secret, and participation in certain ORM determines the operational employee with whom he "works" and which is responsible both for the legality of the instructions given to him and for the effectiveness of their implementation. At the same time, the operational employee must rely on the knowledge of the personal qualities and the features of each of his assistant and guide the rule that a freelance officer should know only that information and only in the volume that he needs to successfully fulfill the instruction. The obligatory requirement for the category of persons contributing to the solution of the tasks of the ODD OVD is the good faith of such cooperation. The implementation of conscientiousness of cooperation a priori should be based on voluntariness and personal desire to assist in solving these tasks. However, freelancers should be prevented about the inadmissibility of providing operational units with obviously false information (for example, the Sve- 43 devices containing slander or the provision of someone, including the object of attention of operational search divisions). For exception negative consequences The use of false information received from freelancers, provides for their preliminary study, determination of degree of decency, integrity and objectivity. It is also important that information from them should not be taken on faith, and even more so used in the relevant legal form without a thorough preliminary check. High demands in connection with this are presented to the conscientiousness and professional competence of operational staff. If a freelance officer, due to subjective reasons, may be in good faithful to be mistaken, incorrectly evaluate this or that event, a deed, the employee of the operational unit, as a professional, nor mistaken, nor the wrong rights. The obligation to fulfill the instructions of operational divisions is an indispensable element of the legal status of a freelance employee. The volume and focus of orders depend on the competence of that operational apparatus, the freelance officer of which (by own willing ) This is a citizen. Thus, freelance employees of the criminal investigation units independently, on behalf of and under the control of full-time employees, or with their participation are carried out: - individual uncomplicated ORMs, not related to the restriction of constitutional rights of citizens (guidance, observation, verification purchase, etc.); - identification of persons subject to prophylactic accounting and operational control; - verification of the lifestyle and behavior of persons taken into account, at the place of residence; - individual prophylactic activities in respect of specific persons requiring preventive control and impact; - identifying the causes and conditions that contribute to the commission of crimes and promoting them to eliminate; - identifying eyewitnesses of crimes, as well as those who suffered from them; - establishing persons preparing and committing crimes; - Searching events in places of likely the emergence of persons suspected of crimes (in places of sales of the stolen, concentration of the criminal element, etc.). The involvement of freelance employees is widespread as understood as well as personal transport drivers in order to solve various operational tasks. 44 In addition, the responsibilities of freelance employees should include the observance of the principle of legality. This duty is based on the main appointment of cooperation of operational departments of the ATS with citizens - use it only to achieve the tasks of the Horde. Compliance with the legality in the activities of freelance employees has two sides: 1) the legality of the instructions given to the operational employee should not contradict the requirements of material and procedural legislation, as well as generally accepted moral standards; 2) the legality of the actions of the freelance officers themselves in the process of performing individual ORMs both on behalf and on their own initiative. In this regard, a freelance officer of operational services should not: - be a member of acts of violence; - be the initiator or instigator of the crime; - take part in illegal activities; - implement illegal or unauthorized operational employee operational-search operations; - violate other requirements of operational-search legislation. The initiative and creativity in fulfilling the instructions of the Operational Employee for the preparation and implementation of ORM can be manifested by a freelance officer in the same legality. In relation to persons intending to provide assistance to operational units as freelancers, the case is made in which the following documents are placed: - a citizen's statement who wants to systematically assist the operational division, to enroll by a freelance officer; - two photos of 5x6 cm size (one to the certificate); - autobiography; - information on the presence (absence) of criminal record; - characterizing documents (from the place of work, the former service station, including participation in the protection of public order, other assistance of the ATS, etc. ); - Report of the operational employee about the possibilities of a freelance officer and the directions of its future use in solving the tasks of the unit. A Citizen Advisor is published on the enrollment of a citizen with a freelance officer of the corresponding operational unit, and a certificate of a freelance officer is awarded to receipt. Thus, the chamber of the police, endowed with the law on Horde and departmental regulations, the rights and obligations45 are becoming subjects of the OTD ODD. The effectiveness of their assistance in solving the tasks of operational divisions depends on the right organization of their activities by the leadership of operational employees. The organization of freelance cooperation includes the following elements: - ensuring the training of operational employees themselves; - analysis of the operational situation at the zone (object, line) of operational maintenance; - planning cooperation; - selection of citizens to cooperate with operational employees; - placement of freelancers in areas (areas, objects, lines) activities; - training and education of freelancers in the process of solving them of operational and service tasks; - the creation of the optimal community mode and ensuring proper communication with employees of the internal affairs bodies; - accounting, analysis of the content and results of cooperation; - control over the activities of subjects of cooperation. Professional preparedness implies a high level of the ability of an operational employee to work with persons who have expressed the desire to promote ATS in the fight against crime. This level should not only confirm its formed a positive attitude to solving the problems of active cooperation with the population in any formas, but also to ensure the special admission of an employee of the operational unit to such work in accordance with the procedure established by departmental regulations, as well as effective management of cooperation. Planning work with freelancers is carried out on the basis of the analysis of the operational environment at the serviced area (operational zone, object, lines), as well as the possibilities of an operational employee by guide. This allows you to determine the real need for their number, the place of application of their capabilities, etc., which is especially important in today's orientation not to formally quantitative indicators, but on the actual quality of the participation of citizens in solving ORD tasks. Planning should also take into account the specialization of the content and focus of the activities of "FASTERS" according to the well-known organizational principles of servicing operational zones (territories), objects and lines based on which the supervisory employee works. 46 The direct work of freelance employees who have permanent orders is scheduled for a quarter. Plans are compiled by P.

Lectures at the rate of the "Fundamental Fundamental Activities".

Questions for self-control.

Topic number 1. The concept, goals, signs and functions of the Horde. The value of operational search activities in state, public and private life.

The purpose of learning the course.

The purpose of the lecture:

Obtaining students of knowledge about the concept and essence of operational investigative activities, as a state law enforcement, which has significant differences from other types of legal activities.

Trainees must understand the need for the occurrence and social role of the HFA.

One of the goals is to form a learned awareness of the need to obtain knowledge on the ORD discipline as the most efficient tool for combating crime.

To achieve these goals, the following tasks must be resolved:

Actively participate in the discussion of seminar and practical lessons.

Install the integrated use skills of crime, operational investigation, criminal proceedings in the investigation of crimes.

Operational search activities in a modern understanding is primarily the type of state activity, the purpose of which is to protect the security of society and the state, life, health, rights, freedoms, legitimate interests of citizens, property. At the same time, in its content, this activity is one of the most ancient types of human activity, carried out long before any statehood occurs. Starting from the times of primitive-communal system, the social nature of human existence determined the need to ensure a certain procedure for the existence of the community, identifying, preventing and preventing the danger of manifestations from individual members, that is, in fact, solving the tasks of modern criminal and administrative cheek. In addition, each community had to solve the problems of its external security in the struggle for existence with other primitive communities, which forced it, in modern language, to carry out intelligence and counterintelligence activities.

With the division of society into classes, tasks arise to suppress the resistance of oppressive classes, preservation and strengthen the positions of the ruling classes. These tasks were solved with the help of forces, means and methods inherent in modern operational investigative activities.

Of particular importance acquires the emergence of the state. This is due to the fact that the most important functions of any state are the maintenance of the rule of law on its territory, the organization and implementation of measures to protect the state from external and internal threats, promoting the improvement of the welfare of the people, the prosperity of the Company. For the implementation of these functions, special government agencies are created, which are executed by relevant rights and obligations, are provided with the necessary specific forces and means. Depending on the type of statehood, the existence and activity of such bodies may be appropriately legally issued and regulated (in legal, democratic states) or exercised outside the framework of legal regulation (in states with dictatorial forms of government). In the latter case, these organs often play the role of the instrument of suppression, reaction.

In the Kyrgyz Republic until 1998, operational-search activities were carried out on the basis of regulatory legal acts, which are mainly departmental in nature and closed to the overwhelming part of the country's population. With the introduction of the Law of the Kyrgyz Republic in 1998, this activity was for the first time in the history of our state received legislative regulations, which contributed to the strengthening of legality in the country and was a certain step towards the creation of a legal state. The openness of the law, its availability to the wide masses of the population, primarily affected by the most promptly investigative activities of the authorized bodies, as they allowed them in the implementation of operational-search activities requiring contacts with official and informal persons, to rely on specific norms of the law. On the other hand, legitimacy of law enforcement agencies and special services gave the public the opportunity to present the real nature of this work, contribute to it and even to a certain extent to control the legitimacy of the operational activities carried out during its operational and investigative activities.

A wide range of Horde's tasks, their importance for the state, society and each of its member separately determine the importance of operational investigative activities in state, public and private life. That is why knowledge based on the law knowledge of the basics of operational-search activities is necessary for lawyers, regardless of their specialization. This will allow them to ensure the rights and legitimate interests of legal entities and individuals in the event of contacting the latter with operational investigative activities. Such contact may occur in cases where these persons: become objects of illegal impact; are objects of operational investigative activities; take part in the Horde; Promote the implementation of the Horde.

The goal of studying the course is to obtain systematic knowledge of the basics of operational and investigation activities in the Kyrgyz Republic, including the concept, content, signs, objectives and functions of this activity, its forms and methods, legal basis and principles, subjects and objects, persons participating In the implementation, operational search activities and conditions for their conduct, the directions and types of the HFD, the operational search process, the results of the HFD and the procedure for their use.

Operational Operational Objectives

In accordance with the objectives of operational and investigative activities considered in Article 3 of the Law on Horde, the tasks of operational investigative activities are listed:

- ensuring the security of the Kyrgyz Republic and assistance in the realization of the interests of the state in the world arena;

- protection of life, health, rights, freedoms, legitimate interests of citizens and property (regardless of forms) from unlawful encroachments;

- identification, prevention, suppression and disclosure of crimes;

- the implementation of measures to search for persons who are hiding from the bodies of inquiries, investigators and court evading criminal punishment, without missing citizens and other persons in cases provided for by law;

- identification, prevention and suppression of intelligence and subversive activities of special services of foreign countries and international organizations;

- ensuring the safety of organs engaged in operational investigative activities.

Conclusions on topic issues.

1. The purpose of learning the course is to obtain systematic knowledge about the basics of operational investigation activities in the Kyrgyz Republic.

2. Horde is an independent knowledge branch having its own subject and learning methods closely associated with criminalistic science.

3. The Horde is a specific type of state activity based on the system of vowels of unknown ARMs carried out by strictly defined entities in order to protect the interests of society and the state from criminal encroachments.

1. Essence and characteristic features of operational investigative activities.

2. The subject and system of the training course "Operational-search activities".

3. The ratio of operational-search process and criminal procedure.

Control questions.

1. The concept, essence, tasks of operational investigative activities (HDD).

2. Objectives, signs, ORD functions.

3. Moral Basics of Horde.

4. Item, Method, Horde Course System.

5. Operational-search theory. Methodology and methods of operational search science.

6. The ratio of the Science of the Horde, with other legal sciences.

Tasks for independent work.

1. Word the concept of operational investigative activities.

2. Name three groups of operational research purposes.

3. List signs of operational investigative activities.

4. Name the tasks of operational investigative activities, determine their relationship with the goals of the Horde.

5. Give the concept of the function of operational investigative activities, select the existing Functions of the HFD and expand their purpose.

Tests for self-control.

Question number 1.In operational investigative activities and forensic, they completely coincide (note the correct option):

2. Tasks.

3. Objects of activity.

4. Subjects of activity.

5. Forms and means of activity.

Question number 3.The law enforcement function of HFD and criminal procedural activities solve the following general task (note the right option):

1. Promotion and ensuring the security of society and the state.

2. Detection, warning and preventing crimes.

3. Disclosure of crimes.

4. Pulling and improving the criminal liability of persons who have committed a crime.

5. Fair trial.

Question number 4.The objects of criminal procedure activities, in contrast to Horde, are (note the correct option):

1. Persons in respect of which there are information about their likely involvement in illegal activity.

2. Persons in respect of which there are information about their established involvement in illegal activities.

3. Persons suspected and accused of committing crimes.

4. Organizations in respect of which there are information about their likely involvement in illegal activity.

5. Organizations in respect of which there are information about their established involvement in illegal activity.

Question number 5.The law enforcement function of Horde and criminal procedural activities have the following general entities (note the right option):

1. Authorities Commissioners to carry out law enforcement function of the Horde.

2. Inquiry authorities unauthorized law on the implementation of the Horde.

3. Prosecutor's Office.

Question number 6.The content of the law enforcement function of the Horde (note the correct option):

1. Located in the criminal process.

2. Go beyond the criminal process.

3. There is no relation to the criminal process.

Question number 7.The main object of studying the theory of the Horde includes (noted the wrong option):

1. Cognitive activity of ORD authorities.

2. The conversion activities of the organs carrying out the HFD.

3. Law enforcement agencies of ORD authorities.

Question number 8.The main content of the Horde includes (note the wrong option):

1. Organization of ORM.

2. Implementation of ORM.

3. Perform the functions defined by the law.

Question number 9.The system of laws of the HFD form (note the wrong option):

1. Patterns that determine the need for Horde.

2. Patterns that determine the principles of the Horde.

3. Patterns that determine the requirements for the forces and facilities of the Horde.

4. Laws of the implementation of ORM.

5. The patterns of the management of the Horde.

Question number 10.The list of objectives of the Horde includes (note the wrong option):

1. Protection of life, health, rights, freedoms and legitimate interests of citizens.

2. Protection of property.

3. Promoting the state leadership in strengthening economic potential and defense capability.

4. Ensuring the safety of society and the state.

Question №11.Horde tasks are (noted the wrong option):

1. Assistance in ensuring the security of society, states and strengthening its economic potential and defense capability.

2. Identification, warning, suppression and disclosure of crimes.

3. Ensuring the security of the president of the Kyrgyz Republic and other protected persons.

4. Implementation of the inquiry and preliminary investigation.

5. Ensuring the protection of the state border.

Question number 12.The list of signs of Horde includes (noted the wrong option):

1. The state in accordance with which operational-search activities - the activities of the state that the government bodies have been eligible to implement only in the framework of the competence provided by him are.

2. The focus on protection against unlawful encroachments of life, health, rights, freedoms and legitimate interests of citizens, property, ensuring the security of society and the state.

3. Compliance with the Principles of the Horde proclaimed in the law and the principles of the ORD.

4. Solving tasks as a result of the implementation of the ARM-defined law.

5. Using only unlawful work forms.

Question number 15.The law enforcement function of the HFD is aimed at (note the correct option):

1. Demand law enforcement tasks within the framework of CPC.

2. The decision of law enforcement objectives, both within the framework of the CPC and beyond.

3. Protection of other functions of criminal justice.

Question №16.Law enforcement function of the HFD finds its expression in

(Mark incorrect option):

1. Common ORM.

2. Special ORM.

3. Investigation actions.

Question number 17.The special function of the Horde is (note the right option):

1. Solution with special forces, means, methods of the Horde, determined by the Law of Tasks related to the security issues of society and the state.

2. Implementation of special instructions of the state leadership.

3. Suppressing the unlawful activities of special services of foreign countries.

Regulatory acts and literature:

main sources

1. Constitution of the Kyrgyz Republic. Bishkek. 2008

2. The Law of the Kyrgyz Republic "On Operational Investigative Activities" of 05.10.1998.

3. Criminal Code of the Cr.

4. Criminal Procedure Code of the Cr.

5. Criminal Executive Code of the Cr.

6. Customs Code of the Cr.

8. Civil Code of the Cr.

9. "Operational-search activities" textbook Ed. Khoroinova K.K., Ovchinsky V.S., Shumilova A.Yu. Moscow. 2001

10. "Basics of operational search activities" Textbook Ed. Rushailo VB St. Petersburg. 2002

11. Department "Basics of Operational Fundamental Activities" Ginzburg A.Ya. Almaty. 1997

12. "Basics of operational investigative activities." Textbook. MP Sysalov. Almaty. 2004

additional literature

1. Operational search activities in schemes. Shumilov A.Yu. Moscow. 1998

2. Prevention of crimes. Tutorial Okenova R.A., Khaustov V.V. Bishkek. 2005

The purpose of the lecture

The assimilation of students of the legal framework of the Horde as a totality of the norms and regulations of laws, sub-banner regulations of the defining goals and objectives of the Horde.

Knowledge of general scientific and special principles of the Horde will allow students to be guided in the implementation of this activity.

To achieve these goals, students must solve the following tasks:

Explore the Constitution of the Kyrgyz Republic in terms of ensuring the rule of law in society and the state, the Law of the Kyrgyz Republic "On Operational Festival Activities" of October 5, 1998. and special literature.

Learn all the overall and sectoral principles of the Horde, paying attention to constitutional principles The legality, respect and respect for the rights and freedoms of man and citizen.

The Constitution of the Kyrgyz Republic with the highest values \u200b\u200bof the state proclaims a person, his life and freedom. Important to ensure these priorities of modern society is the legislatively created system of legal guarantees and organizational measures to protect the personality, society and the state from the violation of their constitutional status and legitimate interests, as well as criminal encroachments. An integral part of this system is operational investigative activities carried out by authorized law government agencies. By providing these legal guarantees, this activity itself is based on compliance with a number of different rules of law, as well as the fundamental principles of its implementation.

Operational-search activities directly affects human rights and freedoms, and some of its measures are restrictive in nature with elements of state coercion. Thus, the organs engaged in operational investigative activities, if there are reasonable suspicions regarding specific individuals, have the right to check their identity documents from them, to carry out their administrative detention, carry out the inspection of residential premises, jobs, the control of the postal shipments of these persons , listening to telephone and other negotiations, other operational search activities. In this regard, it is extremely important that the issues of compliance with the operational and search activities are legally settled, strict compliance with the fundamental principles of the implementation of the Horde, the validity of operational-search activities, the order and limits of their conduct.

Conclusions on topic issues.

1. Under the legal basis of the Horde is meant The aggregate of the norms and regulations of the law, as well as subtituer regulations, determining the concept, goals and objectives of the Horde, its subjects, their competence, strength, means and methods of the HFD, the grounds and conditions of the ORM, the procedure for the use of their results, control and supervision of observance of legality etc.

2. The legal framework is:

Constitution Kr.

Laws of the Kyrgyz Republic (for example: Act of ATS, GTI, etc.)

Watchless acts, departmental regulations (instructions, instructions, positions, etc.)

Judicial documents

International contracts of KR

3. Horde allocate two main groups of principles:

Common (legality, respect and respect for rights and freedoms, etc.);

Industry (conspiracy, combination of vowels and segal methods and means, etc.).

Questions for discussion at seminars.

1. The concept of the legal framework of the Horde.
2. The law "On operational search activities". Other laws in the field of Horde.
3. Regulations. Departmental and interdepartmental regulations.
4. International treaties.

Control questions

1. Legal basis of the Horde.
2. Departmental regulations governing the process of the HFD.
3. Operational search law, its structure and characteristics.
4. Principles of the Horde.
5. Content and essence of the principles of the Horde.

1. List the organs carrying out the Horde in the Kyrgyz Republic.

2. Based on the Law on the Code, name the main responsibilities of organs carrying out HFA in the Kyrgyz Republic.

3. Based on the Law on the Code, name the basic rights of organs carrying out HFA in the Kyrgyz Republic.

4. Dispose the concept of the competence of organs carrying out HFA on the example of one of the subjects.

5. Can officials of departments, enterprises, progress, organizations (regardless of the forms of ownership) and other business entities impede organs carrying out Hordes in conducting their competence?

6. Give the existing classifications of operational search facilities.

Tests for self-control

Question number 18.Special function provides for the solution of the following tasks (noted the wrong option):

1. Ensuring the safety of society and the state.

2. Strengthening the economic potential and defense capability of the state.

3. Performing special instructions of the state leadership.

4. Ensuring the security of the president and other protected persons.

5. Ensuring the safety of information constituting the state secret.

Question №19.The normative acts constituting the legal framework of the HFA are included (noted the wrong option):

1. Constitution of the Kyrgyz Republic.

2. Law on Horde.

3. Civil Code of the Kyrgyz Republic.

4. Criminal Code of the Cr.

5. Interstate crime agreements.

Question number 20.The principles of the Horde are divided into the following groups (note the wrong option):

1. Socio-legal principles.

2. Organizational principles.

3. Principles of security.

4. Tactical principles.

Question №21.The ORD socio-legal principles include (note the wrong option):

1. The legality.

2. Compliance with the rights and freedoms of the individual.

3. The advantage of the tasks of ensuring the safety of society and the state over the tasks of ensuring the rights and freedoms of the individual.

4. Respect for the dignity of the person.

5. Equality of citizens before the law.

Question №22.The Tactical Principles of Horde include (note the wrong option):

1. The principle of conspiracy.

2. The principle of combining vowels and segal methods.

3. Principle of offensive.

4. The principle of justified operational risk.

5. The principle of focus on achieving the goals of the Horde.

Question №23.The legal guarantees of observance of legality in the implementation of the Horde include (note the wrong option):

1. The position of the constitution of the Kyrgyz Republic.

2. The provision of the Law on Horde.

3. International obligations Kr.

4. Control and supervision of the implementation of the Horde.

5. A ban on the commission during the ORM actions, creating a threat to life, health and property of citizens, except for cases of extreme necessity and the necessary defense.

Question number 24.The body exercising the Horde is obliged to provide at the request of a person whose guilt is not proved in the preparation or commitment of the crime (noted the wrong version):

1. All materials available on it.

2. Information served to check it, within the limits excluding the disclosure by state or other secrets protected by law.

3. Information on the nature of the information available in relation to it within the limits excluding the disclosure by the state or other secrecy protected law.

main sources

1. The Law of the Kyrgyz Republic "On operational investigative activities".

2. Shumilov A.Yu. Commentary on the federal law "On operational investigative activities". M., Publisher Shumilov I.I. 1999

3. Korlasky, A.M., Trivin A.N. Legal regulation of operational search customs authorities. S.P. 1996

4. Basics of operational investigative activities. Textbook ed. S.V.Stepashina. S.PB Lan. 1996

5. Surkov K.V. Experience in legislative regulation of operational and investigation activities in the Russian Federation. Monograph. S.P.B., 1998.

6. Textbook "Operational-search activities" ed. Kk Goryinova, V.S. Ovchinsky, A.Yu. Shumilova. M., 2001.

7. Sysalov M.P. Basics of operational investigative activities. Textbook. Almaty. 2004

additional literature

8. Shumilov A.Yu. Operational search encyclopedia. M., 2004.

9. Problems of formation of criminal and search law. Subject collection scientific work. Issue 5. M. 2007.

10. Shumilov A.Yu. Operational search activities in schemes. M. 1998.

Conclusions on the topic

1. The ARD subject is a source of targeted activity, a carrier of objective practices, assessment and appointment.

2. On the territory of the Kyrgyz Republic, the right to exercise the Horde seems to be operational units:

ü internal affairs bodies;

ü national security committee;

ü military exploration bodies of the Ministry of Defense;

ü financial police bodies;

ü customs authorities;

ü state protection organs;

ü bodies of the UH and Sat Ministry of Justice;

ü border service bodies;

ü body of the Kyrgyz Republic on drug control.

The leaders of these bodies determine:

List of operational units of the Community Implement the Horde (for example, in the Ministry of Internal Affairs: the criminal investigation service, the unit of drug trafficking division, the fight against official crimes, etc.);

Their powers;

Structure;

Organization of work.

3. The duties and rights of the ORO are set out in Article 17, 18 of the Law on the Code.

Questions for discussion at seminars.

1. The concept and system of subjects of subjects of operational investigative activities.

2. The concept, types and characteristics of operational units.

Ensuring their functioning.

3. Officers involved in the implementation of the Horde.

4. Persons involved in participation in the Horde.

Control questions

1. The concept of the subjects of the HFD.

2. Competence and legal responsibility of the subjects of the Horde.

3. State bodies carrying out Horde.

4. Officials and operational composition of operational search bodies.

5. Persons involved in participation in Horde.

Tasks for independent work

1. Word the concept of the legal basis of the Horde.

2. Draw a structural scheme of the legal framework of the Horde.

3. How are the Criminal Code, the Criminal Code of the Code of the Horde?

4. What are these registered acts and how do they enter the legal framework of the HFD?

5. Give the wording of the Principles of the Horde.

6. List the socio-legal principles of the Horde, expand their content.

7. Name the organizational principles of the Horde, expand their content.

8. Give the concept of the Tactical Principles of the Horde, expand their content.

Tests for self-control

Question №27.On the territory of the Kyrgyz Republic, the authorities entitled to implement the Horde include (note the wrong option):

1. Internal affairs bodies.

3. Military intelligence organs MO.

5. Security services for enterprises, institutions, organizations.

Question №28.The obligations of organs carrying out the HFD include (note the wrong option):

1. Take the necessary measures to protect the rights protected by law, freedoms and interests of individuals and legal entities, property, security of society, states and strengthening its economic and defense potential.

2. In time to inform the state authorities and the management of the Kyrgyz Republic about the facts of those who have known facts and data indicative of the security threat of society and the state.

3. Perform the instructions of the investigators and the instructions of the prosecutor given in any form, on the conduct of ORM in criminal matters.

4. Comply with legal assistance agreements in the request of the relevant international law enforcement organizations and law enforcement agencies of foreign countries.

Question №29.The list of rights of organs carrying out the HFD includes (noted the wrong option):

1. Conduct the vowel and the unlawfully ORM, listed in the Law on Horde, within its competence.

2. To establish the relation of cooperation with persons expressing consent to provide confidential assistance to the Organs.

3. It is unhindered at any time of the day in the territory and in the premises of enterprises, institutions, organizations, regardless of the forms of ownership, without presenting any rationales for this, including to solve problems that are not related to the conduct of ORM.

4. Apply a model of behavior, imitating criminal activities.

5. Implemented into the criminal group of an employee of a body that implements the Horde or the person collaborating with him.

Question number 30.ORD authorities may be (note the wrong option):

1. Public administration authorities.

2. Law enforcement.

3. Special services.

4. A combination of law enforcement agencies and special services.

Question number 31.To the law enforcement agencies of the Kyrgyz Republic fully or partially belongs (note the wrong option):

1. Internal affairs bodies.

2. National security bodies.

3. Financial police bodies.

4. Intelligence of the Ministry of Defense.

5. State protection bodies.

Question number 32.Special services of the Kyrgyz Republic are fully or partially related (note the wrong option):

1. National security bodies.

2. Internal affairs bodies.

3. Intelligence of the Ministry of Defense.

4. State protection bodies.

Question number 33.The ODD objects are included (noted the wrong option):

1. Persons, organizations and communities that carry out unlawful activities defined by the legislation of the Kyrgyz Republic.

2. Special services for foreign states that carry out intelligence and subversive activities against the Kyrgyz Republic.

3. Persons hiding from the bodies of inquiry, investigators and court.

4. Opposition to the leadership of the Kor of the Party, public associations, faces.

5. Information of interest in solving operational search tasks.

Question number 34.The interaction of ORD authorities includes (note the wrong option):

1. Coordination of actions when working on objects representing mutual interest.

2. Mutual informing in certain regulatory acts.

3. Using forces and means of each other.

4. Joint management of operational search and criminal cases of mutual interest facilities.

5. Conducting joint ORM.

Question number 35.Can they conduct ORM in the territory of Kyrgyzstan by foreign countries in the territory of Kyrgyzstan who have the right to implement the Horde? (Mark the correct option):

1. may, in accordance with the Law on Horde and Interstate Agreements.

2. Can not.

3. may, by agreement with the Ministry of Justice of the Kyrgyz Republic and the General Prosecutor's Office of the Kyrgyz Republic.

Question number 36.Could, within the framework of the interaction, carry out ORM in the territory of foreign countries, the Kyrgyz Republic authorities that have the right to implement the HRD? (Mark incorrect option):

1. may, in accordance with the Law on the Code, the legislation of the respective states and interstate agreements.

2. May, but only with obtaining the permission of the Government of the Kyrgyz Republic and the relevant state.

3. Can not.

The purpose of the lecture.

Students must learn that the Horde like other sciences has its own stages, the stages of the implementation of the Horde. Such stages are operational search, operational check, operational development.

It is necessary to give comprehensive explanations about the concept and essence of these stages, the relationship of these stages with the documentation of criminal activity.

As well as all law enforcement activities, the operational and search should be seized within the framework of a scent-proceeding order, since it is he who can provide the dynamics of the Horde in the interests of solving the tasks set up to the operational and search bodies.

Operational-search activities, as a system of measures aimed at solving the Hordic tasks, inherent in a certain sequence of stages of achieving the goals, each of which may occur if there may be appropriate grounds and solve quite specific tasks inherent in it. Such a sequence or sequential change of states during the implementation of the Horde forms an operational-search process.

Some authors represent an operational-search process as a combination of operational and search activities and actions or "Systems of operational search procedures" aimed at solving the tasks of the Horde. However, such an idea is incorrect, since the same operational-search activities and actions (including in aggregate) can be carried out at various stages of the process, and, moreover, as shown above, the process is not a totality, but an ordered The sequence of something.

The definition of the operational and search process "as applied by the competent officials of the operational divisions of the Organs, carrying out ORD, the provisions of operational-search legislation and the details of the regulations of the regulations in the interests of solving the problems of the ORD, as provided by the laws of the reasons for operational-search events. However, this definition, in our opinion, does not disclose the essence of the operational and investigation process, which is not "application in one or another legislative or other norms, one way or another regulating operational-search activities", and in a focused and reasonable sequence of certain stages of this activity itself. Taking into account the above, it seems justified to formulate the following definition of the operational-search process:

The operational-search process is a targeted sequence of certain stages of achieving the goals of operational investigative activities, each of which occurs when there is appropriate grounds and solves specific ORD tasks.

From the analysis of the legislative support of the system-procedural aspect, the Horde follows that the majority of operational-search laws of the CIS countries in full, the operational-search process is not governed. Obviously, the legislator decided that the regulatory regulation of operational-tactical recommendations should be determined at the level of departmental regulations. The law on the operational search activities of the Kyrgyz Republic, the legislator only identified the stage of operational inspection and the possibility of raising operational accounting.

Since the functions of the Horde are divided into law enforcement and special, then the operational-search process, respectively, can be divided into an operational-search process of the law enforcement function of the HRD and the operational-search process of the special function of the HFD.

Operational-search process of law enforcement function of Horde- This is a sequence of certain stages of operational-search activities to achieve law enforcement purposes, in particular, the protection of life, health, rights, freedoms and legitimate interests of citizens, property, ensuring the security of society and the state from criminal encroachments.

ABOUT perative-search process of special function of Horde- This is a sequence of certain stages of operational investigative activities to achieve special goals related to ensuring the safety of society and the state.

In accordance with the existing directions of operational-search activities, the operational-search process can also be divided into an intelligence, counterintelligence, criminal and ascensional and administrative processes.

Regardless of the functions and directions of the Horde, the operational-search process has common components of elements - stages that some authors called

Work number:

Year of delivery:

Number of pages:

Theme 1. The subject and objectives of the course "Organization of operational-search activities" 2
Topic 2. Legislation on operational and investigation activities 3
Topic 3. Subjects of the Organization and Implementation of the Horde 4
Topic 4. Authority and legal status of officials carrying out Horde 8
Topic 5. Operational search activities and their system 11
Survey of citizens as an ORM. eleven
Inquiry. 12
Collection of samples for comparative studies. 12
Study of items and documents. 13
Observation. fourteen
Identification personality. fourteen
Examination of premises, buildings, structures, areas of terrain, vehicles. fifteen
Topic 6. Information support of ORM 15
Topic 7. Promoting citizens to organs carrying out Horde 17
Topic 8. Basics of operational-search tactics 17
Topic 9. Using the results of the Horde 17
Topic 10. Ensuring the rights and freedoms of a person and a citizen with the organization of the CU 19
Topic 11. Socio-legal protection of citizens who contribute to the authorities in the process of organizing and conducting the Horde 19
Topic 12. Control and supervision of the activities of units carrying out HFD. twenty
Topic 13. Organization of Horde for Combating Organization 20

Excerpt from work:

Some theses from work on lectures on operational investigative activities
In recent years, the theory of science has significantly enriched, continued and continues to accumulate the valuable material of the HFD. There was a need for large-scale analysis and summarizing those innovations that characterize modern Hordes. It is dictated by an increase in the social significance of the Horde in the context of a qualitative and quantitative change in the state of crime in our country and, it seems related to these needs of operational search practice. In the interests of the criminal process, the results of the HFD are used to prepare and implement two types of actions: investigative and judicial. Moreover, their use is possible both at the preparation phase and at the stage of direct conduct.
Stages of Horde are determined by legal traits of operational analytical search, operational check of operational search information. In addition, the legal status of this information and the possibility of its access to other types of procedural activities, as well as the legal status of the entities of the Horde, both operational divisions and their officials are investigated. The relevance and novelty of the Horde is that it objectively creates prerequisites for scientific understanding of the methods of obtaining operational search information and its consolidation as evidence.
The results of operational-search activities may be presented in the form of a generalized official message (certificate-memorandum) or in the form of originals of the relevant operational documents.
The degree of secrecy of the submitted materials, the types of applications and the transmission method are determined in accordance with the rules for the conduct of secret workshop in each particular case separately, including depending on the essence of the received request (assignment) and the availability of information to be sedentary.
Operationally investigative activities - this is a compromise - probably the most subtle and complex act of moral choice, where the risk of destroying the moral nature of the goal in the process of achieving it is great. This risk is particularly contrasting, if you analyze the dominant motives, in relation to the motivational sphere, according to which citizens confidentially provide organs carrying out operational investigative activities.
It is clear that most of those who cooperate with law enforcement agencies are socially disadvantaged, have any deviations from the norms of renewing, often criminal past, and in the first case are closely related to criminals, their environment, etc.
Based on this, the operational workers often have to be compromised between the dominant priorities of intolerance in the fight against crime and the use of assistance emanating from persons who are part of the criminal environment. The moral and assessment factor significantly affects the decline in the effectiveness of activities due to the formal incompatibility of the ideals of the fight against crime and actual cooperation with persons who are representatives of the criminal environment
The question of the role of ethical began in the activities of the investigator becomes relevant due to a number of peculiarities of its communication with the participants of the process at different stages of the preliminary investigation. First of all, this is the specificity of the reasons for communicating the investigator with the accused, suspected, witnesses, victims, etc. The negative emotional background imposes an imprint to the entire structure of the consequence of the investigator with the participants of the process, so in addition to increasing requirements for the level of professional skill of the investigator, such purely moral qualities of his personality, as humanity, justice, debt, conscience, etc. are updated.

Introduction (Exposure)

Before determining the concept of "operational search activities", it is required to understand the meaning of the said term. Article 1 of the Federal Law "On Operational Festival Activities" (hereinafter referred to as the Federal Law on Horde) it was determined that operational-search activities are the type of activity carried out vowelno and the unlawfully operational divisions of state bodies authorized on that federal law "On operational investigative activities ", Within their powers through the operational search activities in order to protect the life, health, human rights and freedoms and citizen, property, security of society and the state from criminal encroachments. It is noteworthy that the operational search laws of the CIS and Baltic countries demonstrate a different approach to the definition of legal content of operational and investigative activities. At the same time, in most of these laws, although in various form, focus on procedural aspect operational investigative activities. Specificity here is that the ODD is considered as a system of operational-search measures - Ukraine ("... vowels and segal search, intelligence and counterintelligence measures implemented using operational and operational and technical means" - the Law of Ukraine "ORD" from February 18 1992), and as legal actions (Latvia), and as a legal agent (Belarus, Moldova), and as a state-legal form (Lithuania). Consider what you need to understand this definition.

Main part (excerpt)

Activities as such - this is an occupation, work, and the operational-searching is a kind of socially useful human activity, but not any, but legal, i.e. A part of the initiated law of the authority of the competent state bodies aimed at performing socially useful tasks and functions.

Of course, the main thing here is that operational investigative activities are a kind of state activity. Only the Russian Federation in the person of the highest bodies of legislative, executive and judicial power (within their competence) can empower any subjects to carry out certain responsibilities for them and monitor them to implement the norms of the Federal Law on ORD in operational search activity.

Scientific definition of operational investigative activities

Based on the theory of the issue, it can be concluded that it is advisable to the interpretation of its definition in the "narrow" and "wide" sense of the word. (See further)

Conclusion (excerpt)

Under legal responsibility it is understood as the consequence of non-fulfillment or improper execution by the subject (individual or legal entity) of the Federal Law on Horde and other legislative acts in the field of operational-search activities.

In accordance with Part 10 of Art. 5 of the Federal Law on Horde Violation of this Law in the implementation of operational search activities entail the responsibility provided for by the legislation of Russia. Therefore, for the offensive legal responsibility The entity of the Horde requires the presence of two conditions - any violation of the Federal Law on Horde (that is, the unlawful effect or inaction of the person who encroaches the established procedure) and the provision of responsibility by the legislation of Russia.

Literature

Constitution of the Russian Federation.

Act on operational investigative activities in the Russian Federation: Comment / Ed. A.Yu.Shumilova, M., Jurid. lit., 1994.

Criminal Code of the Russian Federation.

Code of Criminal Code of the Russian Federation.

Criminal Procedure Code of the Russian Federation.

Customs Code of the Russian Federation.

On private detective and security activities in the Russian Federation: Law of the Russian Federation of March 11, 1992

On state security: Federal Law of May 27, 1996 (with amendment of July 18, 1997).

On the state border of the Russian Federation: the Law of the Russian Federation of April 1, 1993 (with amendment of May 31, 1999).

On the Government of the Russian Federation: Federal Constitutional Law of December 17, 1997 No. 2 - FKZ.

Law of the Russian Federation "On the institutions and bodies acting by punishment in the form of imprisonment" of July 21, 1993 No. 5473 - 1 as amended. Federal laws of May 17, 1996 No. 73-FZ, on March 20, 1998 No. 61 - FZ, of July 3, 1998 No. 117 - FZ, of February 21, 2001 No. 25 - FZ.

Federal Law "On the detention suspected and accused of committing crimes" dated July 21, 1995 No. 103 - FZ in the edge. Federal Law of July 3, 1998 No. 117 - FZ, of February 21, 2001 No. 25 - FZ.

On the state protection of judges, law enforcement officers and regulatory officials: Federal Law of April 20, 1995 (with amendment of January 6, 1999).

Federal Law "On the introduction of the Criminal Code of the Russian Federation" of June 13, 1996 No. 64 - FZ Ed. Federal Law of December 27, 1996 No. 161 - FZ.

Federal Law "On the introduction of the Criminal Code of the Russian Federation" of January 8, 1997 No. 2 - FZ.

The rules of the internal regulations of correctional institutions. Approved by order of the Ministry of Internal Affairs of Russia of May 30, 1997 No. 330.

Regulations on the detention facility of the Criminal Executive System of the Ministry of Justice of the Russian Federation. Approved by order of Minister of Justice of the Russian Federation of January 25, 1999 No. 20 // Russian newspaper. 1999. March 18.

Minimum standard rules for handling prisoners. Adopted by the United Nations Congress on the Prevention of Crime and Coverage with offenders on August 30, 1955 (Geneva).

About state secrets: Law of the Russian Federation of July 21, 1993 No. 5485 - 1 (with change of October 6, 1997).

Information, informatization and protection of information: Federal Law of February 20, 1995 No. 24 FZ.

On the bodies of the Federal Security Service in the Russian Federation: Federal Law of April 3, 1995

On foreign intelligence: Federal Law (Foundation Nile - 1 VNII of the Ministry of Internal Affairs of Russia.)

On the federal bodies of the tax police: the Law of the Russian Federation of June 24, 1993 (with out. Dated December 17, 1995).

About narcotic drugs and psychotropic substances: Federal Law of January 8, 1998

On state dactylocopic registration in the Russian Federation: Federal Law of July 25, 1998 No. 128 - FZ.

Law of Ukraine "On Operational Festival Activities": scientific and practical commentary / Kondratyev Ya.Yu., Kozachenko I.P. , Teashevsky I.F. et al., Kiev: Rio Ministry of Internal Affairs of Ukraine, 1993.

Commentary on the Criminal Code of the Russian Federation and the minimum standard rules for handling prisoners. / Ed. P.G.Mishchenkov. - M., 1997.

Comments on the Code of Criminal Code of the Russian Federation. / Total. ed. A.I. Zubkova. - M., 1997.

Legislative acts and bills: the legal basis for listening to telephone conversations // Kriminalistik., 1975, No. 8, S.336 - 343.

Legislative and regulations on the internal affairs bodies of the Republic of Kazakhstan. Karaganda: Ministry of Internal Affairs of the Republic of Kazakhstan, 1992.

On measures to comply with the legality of the development, production, implementation and operation of encryption funds, as well as providing services in the field of information encryption: Decree of April 3, 1995 No. 334.

The list of information assigned to the state secret: approved by the Decree of November 30, 1995 No. 1203.

On measures to streamline the development, production, implementation, acquisitions for the purpose of selling, entering into the Russian Federation and export for its limits, as well as the use of special technical means intended for sustainable receipt Information: Decree of January 9, 1996 No. 21.

On coordination of law enforcement agencies to combat crime: Decree of April 18, 1996 No. 567.

The concept of national security of the Russian Federation: approved by decree of December 26, 1997 No. 1300.

On the reform of the Criminal Executive System of the Ministry of Internal Affairs of the Russian Federation: Decree of October 8, 1997 No. 1100.

On the participation of the Russian Federation in the activities of the International Organization criminal police - Interpol: Decree of July 30, 1996.

Interdepartmental and departmental regulatory

Legal acts

Regulations on joint investigative-operational groups (brigades) of the prosecutor's office, internal affairs, security and tax police to curb and investigate the activities of organized criminal groups: an application to the order of the Prosecutor General of the Russian Federation of May 17, 1995. No. 32, Minister of Internal Affairs of the Russian Federation of May 12, 1995 No. 199, Director of the FSB of Russia dated May 18, 1995 No. 73 and Director of the Department of the Tax Police of the Russian Federation of May 22, 1995 No. 278.

On the procedure for introducing a system of technical means to ensure operational-search activities on electronic PBXs in the Russian Federation: Order of the Ministry of Communications of the Russian Federation of November 8, 1995 No. 135.

Instructions "On the basics of organization and tactics of operational and technical measures": approved by the Order of the FSB of Russia, the Ministry of Internal Affairs of Russia, CVR of Russia, FSO of Russia, Sat. Russian President, FPS of Russia, FSNP Russia, GTK of Russia dated June 19, 1996 No. 281 / Chipboard / 306 / Chipboard / 30 / Chipboard / 215 / Chipboard / 66 / Chipboard / 390 / Chipboard / 191 / chipboard / 374 / chipboard. (Registered in the Ministry of Russia on July 16, 1996 Reg. No. 1125 (with change of April 7, 1999)).

On the procedure for submission by the internal affairs bodies of materials for the implementation of the prosecutor's supervision for the implementation of the Federal Law on the Code: the indication of the Prosecutor General of the Russian Federation of July 29, 1996 No. 44/15 and the Minister of Internal Affairs of the Russian Federation of July 25, 1996 No. 1/12812.

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Notes

Protected on perfectly!

The survey is an ARM, consistent with the (mining) of information in the process of direct communication of the operative or on his instructions of another person with a person who is aware or can be aware of persons, facts and circumstances that are important to solve the tasks of the Horde.

A survey as a form of conversation (communication) can occur both confidential and openly, both with the immediate visual perception of the respondent and polling, and without that - through the use of technical means (for example, telephone communication or on the Internet).

An integral line polling appears the immediacy of communicating the subject with the object regardless of the one who acts as a subject -sam operative or on his instructions another person.

Survey is allowed:

Using conspiracy measures

Encryption polls of your personality, status

Either his participation in conversation as a person he is actually not.

This is due to the powers of ORO. In particular, the right to use in order to conspire documents encrypted by the identity of officials and citizens who assist them allows them to act as and on behalf of the fictional persons that are in a special document.

During the survey can be used audio, video recording and other fixing information - as open and secretly from the respondent . Since the use of equipment does not characterize the essence of the survey, but is only a means of fixing information, then the consent for its use is not required. The exception is a survey using a polygraph ("Lie detector"), during which the written consent is needed.

When conducting a survey as an ORM legislator does not impose any requirements for its implementation and does not establish restrictions . Based on this, the age, gender, the physical and mental state of the respondent is not an obstacle to the survey, which can dictate practical expediency and limited only by the norms of ethics and morality.

for example The survey of a minor unlike interrogation does not require the presence of a teacher when conducting it. It seems permissible and conducting a survey of the patient, in particular the victim of the crime, if its condition allows such a conversation. A poll of the victim, including the circumstances of the crimes wearing an intimate character, can be held not only a woman, but also a man.

Time, place of survey depend on concrete circumstances - it can be carried out both in the office of Oro, and in any other place where the interviewed person is located (on the street, in transport, at the place of work or residence, at the scene, etc.). Forced drive of persons for conducting a survey for general rule is not allowed . The exception is the situations preceding the detention of persons on suspicion of committing a crime.

The difference from other types of survey. The survey is an integral part of not only the HFD, but also other species of law enforcement, such as criminal proceedings, administrative. However, such polls are not identical to a survey in the Horde and have significant differences. For example, poll in criminal proceedings has different participants who have other procedural status and responsibilities; His conduct is regulated by the Code of Criminal Procedure and the purpose of it is to collect actual data, their subsequent assessment and use in the process of proof in the criminal case.

IN administrative activities Conducting a survey is widespread, but it is allowed only with the consent of the alleged objects and persons who are not subject to Horde, to achieve the goals and solve problems that are not related to the Horde, such as bringing to administrative responsibility, fulfilling contractual obligations, etc.

Survey as ORM should be distinguished from oral poll of individuals , as well as persons who are representatives of organizations possessing in the production of customs clearance of goods and vehicles moving through the customs border. Such a survey is entitled to produce officials of customs universities without making explanations. specified persons in writing.

Survey worn slept character , always be considered as an ARM, regardless of whether it has been made in connection with the proceeding criminal case or not, on behalf of the investigator or on its own initiative of the operative.

Vowed survey it may be a search effect provided by the Code of Criminal Procedure. The search action is permissible to carry out direct instructions of the Code of Criminal Procedure only in a criminal case. A survey as an ORM can be carried out by the operative and before the initiation of the criminal case.

Data obtained as a result of a survey , are issued certificate or report of ORO employee , and with the consent of the respondent - his explanation, a statement, the protocol of the obeda.

In the process there are two ways to use data obtained as a result of a survey:

in the first case (when executing an explanation, a statement, the protocol of turnouts with the obeda), a compiled document may be attached to the materials of the criminal case and subsequently analyzed, as a rule, is interrogated as a witness in a criminal case

in the second case (when executing the results of a survey in the form of reference (report) of the operative), the information received is used as orienting information when put forward by the investigator or operative of versions, planning an investigation or production at the DOA, as well as as a source of information about a person with information that is important for a criminal case or DOU.

Hovering certificates (Part 1. P.2. Art.11)

Guidance of references - ORM, aimed at obtaining information about individuals, on facts and circumstances that are important to solve the tasks of the Horde, by directly studying documents, materials, databases, sending requests to enterprises, institutions and organizations, other legal, as well as individuals who have or may have specified information.

Obtaining or collecting information when hovering certificates is the process of claiming official documents, drawing up requests and obtaining information necessary for solving problems of information in the form of answers to the issues, data of official criminalistic and operational accounts.

In order to collect information from sources with its carriers, materials, documents, etc., it seems not only its receipt of official requests, but also using tactical techniques, conspiracy measures.

The requested materials may contain various information necessary to provide other ORM, identifying work areas, search for a hiding offender or without missing person, checking the received operational information and others. In particular, data on the issuance of official documents, the availability of transport Funds, weapons, concession, phone number, circle of links in deprivation places and other necessary information.

Depending on the status of information, the appeal to obtaining it or the provision of familiarization with its sources containing it can be as in writing and oral.

Confidential information may be officially requested only by written request. Such information includes, for example, the information constituting the secret of investigation and proceedings; service information, access to which is limited by state authorities; Professional information related to which is limited (medical, notary, lawyer Mystery, the mystery of correspondence, telephone conversations, mailing, telegraph or other messages, etc.); Information related to commercial activities, access to which is limited.

Taking into account the fact that the Horde can be carried out both vowels and intensively, as well as on the basis of the intelligence orientation of this activity and the need for conspiracy certificate informal acquisition of confidential data Hovering references can be carried out both directly by the OSO official and with the help of confidents. Receiving information from sources available from individuals can be accompanied by removing copies of documents or their withdrawal with the consent of these individuals.

The question of the possibility of making evonctive importance by the results of guided references as an ARM may depend on its nature. If the help of references expressed in the form of a request aimed at state Institution signed by the head of the Oro, and receiving an official response to writing, then no obstacles to the fact that when sending such a reference to the investigator, it was introduced to a criminal case as other document . If the results of the help of certificates are reflected in the report of the operative, then the information they received, we are exclusively orienting.

Collection of samples for a comparative study (Ch.1.p.3. Art 11)

Collection of samples for a comparative study is an ORM, which is discovered and withdrawing material carriers of legally significant information as objects of a subsequent comparative study in order to solve specific ORD tasks.

According to the meaning of the very name of the ORM under consideration, it implies three components: action, object, goal.

The collection of samples implies the implementation of the actions in which the necessary sample falls into order of ORO officials, i.e. actions aimed at obtaining materials for operational research and obtaining a specialist. This may be withdrawing the relevant objects, carrying out a fingerprint, scraping of a matter of substance, separation of a part of the subject, acquisition (purchase, receipt of temporary use) Removing copies, photographing dr.

Requirements for samples. The seizure of the samples is allowed in the amount required for a comparative operational study, so that it is possible to conclude on the pattern or the accident rate of the signs, their variability. Samples (samples) must be appropriate quality, express the signs of the object necessary for the purposes of study, from which they received. In some cases, for the purposes of study, the conditions for obtaining samples should correspond to the conditions for the formation of a comparative object, and the seizure of the samples is preferably in the same material as the studied, similar tools and means.

Samples for comparative research can be material objects submitted by a specialist for comparison with identifiable or diagnosed objects (often with real evidence). Such samples can be different items, documents, substances, liquids, preparations, allocations of the human body, etc.

Selected sample Determined on the basis of the purpose of the event, the form and nature of the study, the characteristics of the prepared, committed, perfect act, the presence of material traces of the crime, etc.

A distinctive feature and requirement for selecting samples Is the uncertainty of their origin from the specific verifiable, the object under study. Samples must express signs of another object (fingerprints, shooting sleeves) or contain their own signs (blood, soil, etc.). In criminalistics, such samples are called samples. The sample is a part of a substance, material taken for analysis, testing or verification.

According to the method of obtaining samples may be experimental and free . Obtained outlines with the investigated crime, often before the initiation of a criminal case.

As a sample (sample) diaries, notebooks as a sample carrier handwritten, voice record, fingerprints of the checked, blood, laborer disciplements, print objects, seals, stamps, crime guns, lays, weapons, crime tools, documents, etc.

Based on the name of the study as a comparative, its method lies in the simultaneous comparison and evaluation facts, properties or signs of two or more objects, using technical techniques - comparison, overlays, alignment . In this regard, the ultimate goal of the study may be not only in determining the similarities and differences in objects and substances, but also in identifying (identifying) of the individual (technical means, the instrument of crime) as one of the possible objects of a comparative study.

The specified ORM can be conducted as an ORO official and other persons on his instructions. Upon receipt of (collection) samples for a comparative study, the help of a specialist can be used.

In ORD the vowing samples are carried out with the consent of their owners (carriers) . Depending on the specific circumstances, it may be smelassic , eliminating the disclosure or the very fact of sampling (sample), or the true ORM target. Forced selection of samples for comparative study is permissible only if there are criminal procedural grounds and compliance with the relevant procedure (the decision of the decision, the preparation of the protocol, the restriction of the list of cases when the samples of the witness and the victim are obtained).

This ORM is an operational-search analogue of the investigative action provided for by Art. 234 CPC, referred to obtaining samples for comparative research . The main difference of the specified ORM is that it is aimed at ensuring the possibility of a necrosis study of subjects and documents. Samples are assembled using a variety of vowels and segal action directly by the ORO themselves.

Fixing results. The data obtained as a result of the ORM considered, as a rule, are issued act of collecting samples for comparative research , dactyloscopic card or other documents compiled by the collection of samples, report or certificate ORO employee. In this service document, it is indicated: the amount of exposed as a sample (with its description), the conditions under which the formation of images applied by technical means and their characteristics, a type of packaging material. The act is drawn up in three copies - the first and third remain at the ORO employee, and the second one is awarded to receipt of the sample owner or its representative. The first instance of the acts with samples is sent for a comparative study, and the third instance is attached to the materials of the preliminary or subsequent operational verification. Documents, items, sound, video and other technical information carriers may also be attached to the report of the operative.

The concept and essence of the legal basis and legal regulation of operational investigative activities.

The history of the formation and development of the legal framework for operational investigative activities.

Classification of regulatory legal acts regulating operational search activities in the modern period.

Under the legal basis of operational search activities, a combination of legislative, sub-standard regulations, as well as regulatory acts of ministries and departments, which regulate relations in this area are understood. Article 4 of the Federal Law on Horde indicates that the legal basis is the Constitution of the Russian Federation, laws and other regulatory acts. Operational and search bodies are published within their powers in accordance with the legislation of the Russian Federation regulations governing the organization and tactics of operational search activities.

1. The Constitution of the Russian Federation enshrines the powers of state power to adopt regulations governing the attitude of law enforcement agencies in the fight against crime (Art. 76, 90, 104, 105, 115). It should be mentioned that some constitutional norms are fundamental to the regulation of a number of operational-search operations. For example, paragraph 1 of Art. The 17th Constitution of the Russian Federation establishes that the rights and freedoms of a person and a citizen in accordance with the principles and regulations of international law are recognized and guaranteed in the Russian Federation and in accordance with the constitutional provisions. Paragraph 2 23 of the Constitution of the Russian Federation specifically determines that the restriction of citizens' right to the secret of correspondence, telephone conversations, postal, telegraph and other messages is allowed on the basis of a court decision. In art. 25 The Constitution of the Russian Federation states that the penetration of persons against the will of persons living in it is allowed only in cases established by federal law or on the basis of a court decision. Based on these provisions of the Constitution of the Russian Federation, Art. 8 of the Federal Law on Horde clearly stated the conditions for conducting such operational-investigative activities that limit citizens' rights as a survey of residential premises, control of postal shipments, telegraph and other messages, listening to telephone conversations, withdrawing information from technical communication channels. Simultaneously in Art. 9 of the Federal Law on Horde are determined by the grounds and procedure for the consideration of materials on the restriction of the constitutional rights of citizens in the conduct of these operational search activities and these issues are related to the competence of the court.

It is important that in the Federal Law on Horde, they reflected both the provisions of the Constitution of the Russian Federation, which guarantee each citizen the judicial protection of his rights and freedoms (paragraph 1 of Art. 46 of the Constitution), and also provide the possibility of appealing in court or at the prosecutor of state authorities The authorities (including subjects of the IUD), as indicated in the provisions of Art. 5 of the Federal Law on Horde.

The legislator in the same article of the law recorded a constitutional provision on the right of each to compensate for the harm caused by illegal actions (or inaction) of state authorities or their officials (Article 53 of the Constitution of the Russian Federation).

It is also important that the position specified in paragraph 2 of Art. 50 of the Constitution of the Russian Federation, that in the implementation of justice is not allowed to use evidence obtained in violation of the Federal Law, reflected in Art. 11 of the Federal Law on Horde. This article defines the status of operational search information and the admissibility of its use in the criminal process only under certain conditions, namely: the results of the Horde are used in criminal proceedings in accordance with the provisions of the Criminal Procedure Legislation of the Russian Federation regulating the collection, verification and evaluation of evidence. .

Thus, the Constitution of the Russian Federation laid the foundation for the legal framework of operational investigative activities. Its provisions are the initial provisions and guidelines of this type of law enforcement; It predetermines the HF as state activities and its legitimacy as an independent type of law enforcement. At the same time, the Constitution of the Russian Federation guarantees compliance with the rights and freedoms of the individual in operational investigative activities through legislative acts regulating the Horde, ensures the regulation of public relations that develop in this area, as well as the right application of legal norms, adopting substantive and legal solutions to the entities of the Horde.

2. The main role in the regulation of operational-search relationships belongs to the Federal Law "On Operational Festival Activities", which was adopted on July 18, 1995, and entered into force on August 12, 1995. In this law, the general provisions of the Horde, the foundation, Conditions for conducting ORM and the procedure for their design; The list of organs authorized to exercise the Horde, their rights and obligations, social and legal protection are identified; The concept of promoting citizens to organs carrying out Horde is reflected, their social and legal protection is reflected; Installed financial support for ORD; Enchant issues of control and oversight of operational search activities.

The Federal Law on Horde, going along the path to further improve the legal regulation of operational investigative activities, launched the directions of the legal basis of the HRD. These include the provisions of the law that:

Eliminated certain legislative discrepancies with the Constitution of the Russian Federation;

In addition to the traditional tasks of the Horde in the field of crime control, identified the task of mining "information on events or actions that create a threat of state, military, economic or environmental safety of the Russian Federation" (Article 2 of the Law);

Expanded the powers of the internal affairs bodies in the field of operational investigative activities aimed at combating crime;

Established a ban on the exercise of Hordes by individuals and legal entities that are not authorized on this activity; Protected the protection of constitutional rights and freedoms of citizens from the illegal application to them special technical means intended for the underfloor receipt of information. Development, production, implementation, acquisition for sale, exports, imports into the Russian Federation and exporting special technical means intended for segless information to obtain information, are now subject to licensing in the manner determined by the Government of the Russian Federation. We are talking about those cases where the above actions carry out individuals or legal entities who are not subjects of the Horde.

There is also no doubt that such provisions of the Law on the Horde can also be attributed to the process of strengthening the legal framework of the Horde.

Establishing a mechanism for use in the criminal process of operational and search results and determination of the procedure for the protection of information about this activity;

Legal consolidation of the Institute of Family Checlasy Employees;

Ensuring the legal and social protection of employees and citizens who provide confidential assistance to the Organs carrying out the ORD;

Provision by authorities to subjects of the Horde of the right to conduct such specific ORM, as an operational implementation, controlled delivery, operational experiment;

The right to control mail, telegraph and other messages, listening to telephone conversations, as well as penetration into a dwelling without the consent of those who live in it in the investigation of not only serious crimes, but also those in which the production of preliminary investigations is required;

The establishment of the procedure for the appeal of the subjects of the Code to the Court on the issues of operational search activities and their judicial review;

The establishment of the right to establish the subjects of the Horde of leddenied enterprises, institutions, organizations and units;

Clarification of the procedure for financing, control and prosecutor's supervision for operational search activities.

The operational-search law established and as if discretionary powers, providing for exemption from the criminal liability of persons from among the members of the criminal group, although those who did not entail unlawful effects of unlawful acts, but attracted to cooperation with the authority - the subject of the Horde and actively contributing to the disclosure of crimes, which caused the caused damage.

The Federal Law of the FMD 1995 established the positions designed to guarantee the observance of legality in the implementation of operational work. So, the subjects of the HFD are prohibited:

Disclosing information affecting the inviolability of privacy, personal and family mystery, honor and good name of citizens who have become famous when conducting operational search activities, without the consent of these citizens, with the exception of cases provided for by law;

Conduct operational search activities in the interests of any political party, public or religious association.

The legislator has expanded the capabilities of the organs of the IUD subjects, including the list of operational-search activities (Article 6 of the Law) the verification of the purchase or controlled supply of objects, substances and products, the free realization of which is prohibited or the turnover is limited, as well as an operational experiment and operational implementation. He also ordered these activities only on the basis of a motivated resolution, approved by the head of the body carrying out operational investigative activities. In addition, the operational experiment has become permissible only in order to identify, prevent, curb and disclose a serious crime, as well as to identify and establish persons who prepare them or committed.

The Federal Law of the Code has determined the position of prosecutor's supervision for operational and investigation activities, and also stressed the personal responsibility of the heads of bodies engaged in operational investigative activities, for compliance with the legality in organizing and conducting operational-search activities (see Art. 20-22 of the Federal Law on Horde).

3. To legislative acts establishing the basic provisions of the implementation of operational investigative activities, the Criminal Code should be attributed, which determines the concepts of a crime, complicity, circumstances, mitigating and aggravating criminal liability, voluntary refusal to commit a crime, etc.

In a special part of the Criminal Code, specific compositions of the crime are given, the search for signs of which in action (inaction) of persons - the ORD object is the creature of specific tasks of operational investigative activities. Finally, in the total part of the Criminal Code contains legal provisions and norms, the implementation of which occurs in operational and investigation activities (for example, the provisions on the necessary defense, the need for reasonable risk, the execution of an order or order, about active repentance, the establishment of aggravating circumstances - participation in committing a group crime or re-, etc.). These provisions of the criminal law constitute the grounds and conditions for the operational-search activities, as well as the use of their results, etc.

4. Legal normsThe most similar to operational investigative activities are contained in the Criminal Procedure Code. Criminal procedural legislation obliges the inquiry bodies to take the necessary operational-search measures for the detection of crimes, persons who committed them, and the search for criminals (paragraph 11 of Part 2 of Art. 37, paragraph 4 of Part 2 of Art. 38, Art. 40, Art. 210 Code of Criminal Procedure); makes it possible to meet the response with a suspect for subsequent ORM (Art. 95 of the Code of Criminal Procedure); imposes a responsibility for consideration of applications and reports of a crime with the subsequent decision on the initiation of a criminal case or its refusal (Article 144, 145 of the Code of Criminal Procedure) and others. The operational and search activities conducted by the internal affairs bodies or are preceded by initiating a criminal case or are carried out simultaneously ( In parallel) with the investigation. The materials obtained as a result of operational-search activities, as a rule, contain reliable data on the perfect crime and persons involved in it.

The Code of Criminal Procedure establishes the nature of the relationship between the subjects of the Horde and the criminal procedure if the criminal case was initiated by the investigator and at the same time it was not preceded by the production in the case of operational accounting. In this case, the presence of an excited criminal case is the basis for ORM (Part 1 of Article 7 of the Federal Law on Horde). The OPC standards indirectly affect the activities of operational workers and in cases where they work in the case of operational accounting and proceed from criminal procedure provisions concerning evidence and proof after completion of the operational work, features of individual investigative actions based on the implementation of ORM results .

5. The Federal Law "On Police" enshrines the legal status of police officers. This law placed on the specified structures of the task to ensure the personal safety of citizens, the prevention, suppression of crimes and administrative offenses, the disclosure of crimes, the protection of public order, the provision of public security, etc. In this regard, in certain norms, it is possible to conduct vowels and secretly operational-search events during which they receive the necessary information from citizens, institutions and organizations; To fulfill within its competence, the definition and resolution of judges, individual orders of investigators, instructions of prosecutors; control the behavior of individuals prone to committing offenses; enter free of charge; delay persons suspected of committing a crime; Attract citizens with their consent to cooperate, declare remuneration for assistance in the disclosure of crimes and the search for criminals, etc.

A number of provisions of the Law "On Police" regulates the activities of the police to combat crime and indicate its responsibilities, during the execution of which it is entitled or obliged to apply forces, funds and methods of operational investigative activities. Here we are talking about indirect regulation by this law of a number of the provisions of the Horde. So, the police are required:

Prevent and stop crimes, identify and eliminate circumstances within their competence, contributing to them, and within their rights take measures to eliminate these circumstances;

Accept and register statements, reports and other incoming information about crimes, take time timely, stipulated by law;

Identify and disclose crimes;

Search for persons who have committed crimes and persons hiding from the bodies of inquiry, investigators and court evading criminal penalties;

To fulfill within its competence, the definition of courts, the judiciary, written instructions of the prosecutor, the investigator on the production of search operations;

Control within its competence compliance with persons released from places of imprisonment established for them in accordance with the law of restrictions; Control the behavior of persons conditionally convicted to imprisonment with the obligatory involvement of work, convicted, who are appointed, not related to the deprivation of freedom, or punishment appointed conditionally;

Apply the security measures provided for by the Federal Law against judges, jury, prosecutors, investigators, judicial executors, officers of the regulatory bodies and internal affairs bodies, as well as their loved ones; Apply the measures envisaged by the Federal Law on the protection of victims, witnesses, other persons who contribute to criminal proceedings, their loved ones, life, health or property of which is in danger.

Of course, the police as an integral part of the internal affairs bodies are given a significant role in the implementation of operational-investigative activities. Therefore, the police created divisions, in full, carrying out operational-search activities in accordance with current standards.

The police chiefs are as deputy internal affairs bodies, they organize and control operational and investigation activities (criminal wanted list, departments for economic crimes, organized crime, operational technical units, etc.).

6. The Law of the Russian Federation "On Security" provided for the establishment of society and state security bodies (including through countering the intelligence and other activities of foreign special services).

Article 1 of the Law of the Russian Federation of March 5, 1992 "On Safety" under the concept of "security" summarizes the security of the vital interests of the person, society and the state from internal and external threats. The legislator, in particular, the Society (its material and spiritual values) and the state (its constitutional system, sovereignty and territorial integrity) were carried out to the main security objects. It is in this aspect that one of the goals of operational investigative activities are understood (see Art. 1 of the Federal Law on Horde).

The state is the main institution of the political system of society, it manages the life of society. Its safety represents a combination of relations in society and measures to protect vital interests (first of all - constitutional system), as well as allow it to function. Therefore, security system should be understood as a security system (including operational-search and special character), the organization and implementation of which neutralizes or localizes potential or real threats to the normal functioning of society and the state.

Part 3 Art. 12 of the Law of the Russian Federation "On Security" contains an important legal status that the executive authorities that use special forces and funds in their activities (including the operational units of all subjects of the Horde) are only within their competence and in accordance with the existing legislation. In fact, the legislator provided executive authorities under certain conditions through special forces and means to carry out individual elements of operational investigative activities indirectly.

7. The legal basis of operational investigation activities is the law of the Russian Federation of January 27, 1999 "On the Prosecutor's Office". In accordance with Art. 1 and 29 of the Federal Law on the Prosecutor's Office and Art. 21 of the Federal Law on

The Horde in the subject of prosecutor's supervision includes other important areas of operational investigative activities:

The legality and validity of the institution, maintaining and termination of operational accounting;

Ensuring the social and legal protection of officials of organs engaged in Horde, as well as citizens who contribute to the authorities carrying out this activity;

Protection of information on bodies engaged in operational activities;

The legality and validity of decisions taken by officials of bodies - subjects of the Horde.

Prosecutor's supervision of the Horde is carried out not only in connection with the materials received to the prosecutor's office, information and appeals of citizens about violations of laws by the Orders, but also on their own initiative of authorized prosecutors.

The prosecutor should timely identify violations of the rights and legitimate interests of individuals and legal entities admitted to the implementation of the Horde, and is obliged to take measures to restore violated rights and interests, reimbursement of harm caused and in the presence of reason to attract responsibility.

8. In accordance with the Law of the Russian Federation of July 21, 1993, "On State Secret", information in the field of operational-search activities (clause 4, Article 5, Article 12) may be attributed to the latter.

About the forces, means, sources, methods, plans and results of the Horde, as well as data on its financing, if this data discloses the information listed;

On persons cooperating or collaborating on a confidential basis with operational-search bodies;

On methods and means of protecting secret information, etc.

In art. 12 of the Federal Law on Horde is a list of information that, in accordance with the law on state secrets, make up this mystery. The state in order to avoid possible damage to the interests of operational investigative activities, reducing its effectiveness made appropriate information about the Horde on the list of information that relate to the state secrecy.

9. Federal Law of January 8, 1998 "On narcotic drugs and psychotropic substances", which established the legal framework for state policy in the sphere of narcotic drugs, psychotropic substances and in the field of countering their illicit trafficking in order to protect the health of citizens, state and public security ( See the introductory part of the law), provided for a number of specific provisions regulating directly or indirectly operational-search activities of a number of bodies - subjects of the Horde in the field of their opposition to drug trafficking, psychotropic substances and their precursors (i.e. the substances used in the production process , manufacture and processing of these tools and substances and subject to special control). In accordance with Art. 41 of the laws of the laws by such bodies - the internal affairs bodies are the internal affairs bodies and organs to control the illicit trafficking of narcotic and potent substances, designed along with the authorities of the prosecutor's office, health and other executive bodies within their authority to carry out activities, including an active nature, To counteract the illicit trafficking of narcotic drugs, psychotropic substances and their precursors.

10. The legal basis for operational-search activities is legislation regulating the activities of bodies authorized for the implementation of the Horde. Such regulatory acts can be attributed:

Federal Law of June 30, 2003 "On Federal Security Service", who has endowered the right to implement operational-search measures FSB bodies in order to ensure state security;

Customs Code of May 28, 2003, which regulates controlled supplies in order to combat illicit drug trafficking and weapons when crossing the border;

Federal Law of January 10, 1996 "On External Intelligence", who has endowed the service of foreign intelligence with the functions of ORM for state security purposes;

Federal Law of April 1, 1993 "On the State Border", which indicated the implementation of the Border Guard Authorities in order to ensure the security of the state border;

Federal Law of May 27, 1996 "On State Protection", which determined the right of federal state protection bodies to conduct an ARM in order to ensure the security of the Supreme Officials of the State and others.

11. The legal framework of the HFD is concurrent regulatory acts. These include the decrees of the President and Decree of the Government of the Russian Federation:

12. Decree of the President of the Russian Federation dated July 12, 1995. "On streamlining an organization and tactics of operational-search activities using technical means";

14. Decree of the President of the Russian Federation "On measures to streamline the development, production, implementation, acquisitions for the purpose of selling, import to the Russian Federation and export for its limits, as well as the use of special technical means intended for the underfloor receipt of information" dated January 9, 1996 ;

15. Decision of the Government of the Russian Federation of September 4, 1995 "On approval of the rules for attributing information that make up the state secret to various degrees of secrecy;

16. Resolution of the Government of the Russian Federation of October 14, 1996 "On approval of the Regulation on the National Central Bureau of Interpol", etc.

7. The legal basis for operational investigation activities is the departmental and interdepartmental regulatory legal acts, namely:

17. Instructions on the procedure for providing operational performance results to the investigator, the inquiry authority, investigator or to court.

18. Other regulatory legal acts.

Similar information.

In this manual, taking into account its open character, are given, without disclosing specific mechanisms for the implementation of operational search activities, the main provisions of operational investigation activities, which are necessary and sufficient data for the knowledge of operational investigative activities by studying modern jurisprudence.
The textbook is intended for students and teachers of legal universities and faculties (specialty 030501 - jurisprudence).

The concept of operational investigative activities can have three different semantic meanings. First of all, operational-search activities - the type of legal state activity of authorized federal executive bodies on countering crime and ensure national security, and secondly, this is an independent legal science (ie, theory is operational-search), and thirdly - training Discipline, in other words, a course of operational investigative activities.

When using the term "operational-search activity" (hereinafter referred to as the Horde) we will talk about direct professional practical work, as a rule, carried out in a tight (secret, conspiractative) form.

TABLE OF CONTENTS
Chapter 1. The concept of operational investigative activities. Theory of operational-search activities (operational-search theory). Operational-search law 3
1. The concept of operational investigative activities 3
2. The theory of operational-search activities (operational-searching theory) as an independent scientific discipline 6
3. Operational search law: general characteristics, action in space, in time and in a circle of persons 9
Chapter 2. Operational Festival Activities 13
1. The concept of operational search activities (general provisions) 13
2. Types of operational search activities 14
Chapter 3. Grounds and conditions for conducting operational search activities 35
1. Grounds for operational search activities 35
2. Conditions for operational search activities 39
Chapter 4. Informational support and documentation of operational search activities 42
1. The concept and content of information support of operational search activities 42
2. Documentation carried out in the process of operational search activities, its subject and limits. Documentation Forms 44.
3. Operational accounting case 46
Chapter 5. Authorities engaged in operational investigative activities, their rights and obligations 49
1. The concept of an operational-search body. List of organs carrying out operational search activities 49
2. Responsibilities of operational search bodies 52
3. Rights of bodies carrying out operational search activities 54
4. Officials of bodies carrying out operational search activities 56
Chapter 6. Promoting citizens to organs carrying out operational investigative activities 60
1. The concept of promoting citizens to operational-search bodies 60
2. The concept of persons promoting operational search bodies 62
3. The main areas of use of persons providing assistance to organs carrying out operational investigative activities, and leadership by these persons 65
Chapter 7. Results of operational investigative activities and their use in criminal process 71
1. The concept of the results of operational investigative activities. The order and limits of their submission to the body of the inquiry, the investigator, the prosecutor, in court 71
2. The main directions of use of the results of operational-search activities in criminal proceedings 75
Chapter 8. Control and prosecutor's supervision of operational search activities 81
1. Provenual (external) control over operational and investigation activities 81
2. Departmental (internal) control over operational-search activities 85
3. Prosecutor's supervision of operational search activities 86
Chapter 9. Operational testing (administrative) 90
1. The concept of operational test work 90
2. Operational search for admission to the information constituting state secrets 92
3. Operational search for admission to work related to the operation of objects representing increased danger to people's life and health, as well as for the environment 93
4. Operational search for monitoring non-state (private) random and security activities 94
Chapter 10. Measures of operational-search preventing 96
1. The concept of operational-search preventive measures 96
2. Operational-search preventive measure - seizure of objects and materials 97
3. Operational-search preventive measure - interruption of communication services and removal of messages 98
4. Operational-search preventive measure - Capture of face with polishing 99
Chapter 11. Festival work of operational search bodies 105
1. The concept of operational-search work (search) organs carrying out operational search activities 105
2. Search for hiding suspects accused, defendants and convicted 107
3. Search for persons missing 112
4. Establishing the personality of people on unidentified corpses and persons who can not report information due to age or health status 115
Chapter 12. Operational-search prevention (prevention of crimes in operational investigative activities) 119
1. The concept of operational-search prevention or prevention of crimes in operational investigative activities 119
2. The content of individual main directions of preventive activities 121
3. Disagreement and neutralization of criminal groups and criminal communities (organizations) as a form of operational-search prevention 123
Recommended literature 127.
Appendix: Federal Law of the Russian Federation of August 12, 1995 No. 144-FZ (with change and extra.) "On operational-investigative activities" 130

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§ 4. Organization of assistance of citizens by divisions of internal affairs bodies, carrying out operational investigative activities, their social and legal protection

Lecture 4. Ways to obtain operational search information

§ 1. The essence of operational search activities, the grounds and conditions for their conduct

§ 2. Operational search activities requiring a court decision

§ 3. Operational search activities departmental authorization

§ 4. Unauthorized operational search activities

Lecture 5. Informational support of operational-search activities of the internal affairs bodies

§ 1. Criminal accounting as a means of information support for operational investigative activities

§ 2. Accounting for other state and non-governmental organizations, institutions used in the information support of operational investigative activities

Lecture 6. Financial, technical and other support of the operational search activities of the internal affairs bodies

§ 1. Financial support for the operational-search activities of the internal affairs bodies

§ 2. Technical and other provision of operational-search activities of the internal affairs bodies

§ 2. The use of the results of operational-search activities of the internal affairs bodies

Lecture 8. Control and supervision of operational investigative activities

§ 1. General provisions of control and supervision for the operational search activities of the internal affairs bodies

§ 2. Departmental control over the implementation of operational investigative activities

§ 3. Prosecutor's supervision as a form of control over the operational and investigation activities of the internal affairs bodies

Regulations on the unwashed police supervision

About the organization of the crown

Instructions for rapids

I. General provisions

Documents of cooperation agreements between the Ministry of Internal Affairs of the Russian Federation and the Ministry of Internal Affairs of other CIS member countries

Documents of bilateral agreements of the Ministry of Internal Affairs of the Russian Federation with law enforcement agencies of individual overseas states

On the state protection of judges, law enforcement officers and regulatory bodies

Rules for attributing information that make up the state secret to various degrees of secrecy

List of information related to state secret

Informants

Using confidential relations under the laws of the USA and FRG

Using operational illegal immigrants under German law

Privacy Policy in US and FRG law on operational investigative activities

On the right of citizens of the Russian Federation to freedom of movement, the choice of place of stay and residence within the Russian Federation

Someone else's letters were interested in a long time ago from the history of the Sud in Tsarist Russia

State monopoly on the implementation of operational control of postal, telegraph communications and telephone conversations (under the legislation of the USA and Italy)

Listening to telephone conversations as a method of cheek in some overseas countries

Controlled delivery as an element of the Secret Operation of the US FBI

Some Methods of West Police

On information, informatization and protection of information

On psychiatric care and guarantees of the rights of citizens when providing it

Civil Code of the Russian Federation

About the list of information that cannot be commercial mystery

On approval of a list of confidential information

List of confidential information

About the prosecutor's office of the Russian Federation

0B of the organization of prosecutor's supervision for the investigation and disclosure of crimes

On the procedure for the provision of materials by the internal affairs bodies for the implementation of the prosecutor's supervision for the execution of the Federal Law "On Operational Festival Activities"

On the organization of oversight of the execution of the Federal Law "On Operational Festival Activities"

Instructions on the organization of office work in the prosecution authorities on operational investigative documents

II. Reception, registration, passage of documents

III. Drawing up documents, forming them into business and supervisory production

IV. Ensuring the safety of documents

Section 1. Regulatory acts of Russia

1.1. Constitution of the Russian Federation of December 12, 1993

1.2. Legislative acts governing the implementation of operational investigation activities or related to the Horde:

1.3. Regulations federal state bodies in connection with the implementation of operational investigative activities.

1.4. Regulatory acts of state bodies carrying out the Horde and participating in it.

Section 2. International Regulations

Information about authors

Lecture 7. Operational-search production and use of operational search results

§ 1. Operational-search manufacturing as an implementation of organizational and tactical forms of operational investigative activities

In order to inform the problem of identifying, preventing, preventing and disclosing crimes, as well as the establishment of persons who pretended, who commit or committed, the search for persons who are hiding from the bodies of inquiry, investigators and courts that avoid criminal punishment, without missing, internal authorities Affairs are attended by the work of operational accounting, within which the procedures for operational-search activities are documentation in the form of operational-search production.

Operational-search production It should be defined as the process of accumulation, systematization and use of operational search information in order to solve the tasks of operational investigative activities.

In contrast to the procedural documentation of the procedures of the inquiry or preliminary investigation, which are carried out on initiated criminal cases, operational-search production is carried out in the form of verification materials or operational accounting, the views are established by the departmental regulatory acts of the Ministry of Internal Affairs of Russia.

The need for information support and operational production on materials and operations of operational accounting occurs in cases:

admission to the internal affairs bodies of information (statements, communications, etc.) on the prepared, committed or committed unlawful actions, not fully characterizing the signs of a crime, which necessitates the need for a collection of additional data to make a reasonable decision on the use of these information (in order of Article 11 of the Law on Horde);

operational search for the production of inquiry or the preliminary investigation carried out in criminal cases in the interests of their optimal permit and attract the perpetrators to the established law of responsibility;

the use of a set of operational search opportunities for individuals, criminal communities engaged in disguised criminal activities in order to curb their criminal activities and initiating in crimes committed;

execution of decisions on the application of security measures against persons protected;

execution of requests from other organs carrying out Hordes (based on Article 7 of the Law on Hordes), as well as requests for international law enforcement organizations and law enforcement agencies of foreign countries (in accordance with international treaties of the Russian Federation).

Here, with all the necessity, the question arises about the organizational and tactical forms in which the operational-search process proceeds.

As you know (see lectures 1 and 2), the Horde is implemented in two main aspects: cognitive and active. At the same time, the cognitive aspect is aimed at obtaining the necessary information about the "criminal world", and the active - to check these information and the use of received and proven data in order to solve the ORD tasks.

These aspects correspond to the organizational and tactical forms of the HRD. To them, the ARD theory traditionally relates to: operational search, operational check and prevention, as well as operational development.

Operational search. Identifying persons, facts and other objects of operational interest

Operational search As the initial organizational and tactical form of operational-search activities, there is a system of operational-search activities carried out by the internal affairs bodies in order to detect persons, facts, subjects (including property), documents that are prompt interest.

Analysis of the fight against crime allows us to conclude that the operational search is most often aimed at identifying information on the following categories of objects:

persons who are prompt interest;

crime events;

circumstances contributing to the commission of crimes;

property stolen as a result of a crime;

documents, instruments of crime, as well as other items, traces and places that are investigating or prohibited for use, wearing or storage.

Subjects Operational search are employees of operational devices and other ATS services; Citizens who assist them, incl. on a confidential basis.

In order to search for the necessary information, operational and investigative activities, technical and other means are used by the law on Horde.

Operational search activities can be implemented in constant mode (on the object of operational service), periodically (on all, several, one object) or selectively (locally, on the object of interest).

The effectiveness of information collection, which is of operational interest, largely depends on the knowledge of the essence of the essence of operational recognition, search signs, tactical techniques of operational search.

Depending on the search properties, the signs for which operational recognition can be carried out are divided into two main groups: group, indicating the group affiliation of the recognition object, and individual specifying a specific person, subject or event.

To basic search signs Objects of interest for operational search activities include:

signs of human appearance (incl. suspected, eyewitness, etc.);

traces remaining at the crime scene;

footprints remaining on the body, clothes of persons who were at the crime scene (including on guilty and eyewitnesses);

signs of abducted property;

way of committing a crime (modus operandi);

nicknames and nicknames of criminals and their accomplices.

The main directions for the implementation of this organizational and tactical form of the HFD is to search:

among citizens living on the territory serviced by the territory of internal affairs, in places of likely committing crimes;

in criminogenic groups (among those who were previously convicted, engaged in drug addiction, abusing alcoholic beverages, etc.);

among the crimes committed to criminal liability;

at the objects of state, municipal and other ownership, on which crimes are possible;

in places of concentration of persons who are prompt interest, as well as in the places of the intended sales of the stolen.

It should be noted that the operational search for each of these directions has its own organizational and tactical features that must be taken into account when conducting and reflected in the plans of the tactical order.

In the implementation of search engines to operational employees, employees of other services of the internal affairs bodies and representatives of the public can provide significant assistance in obtaining information on operational interest.

Primary information (information) that do not need additional checks are subject to use (implementation) in order to solve the tasks of the Horde and other operational and service tasks of the ATS.

Under implementation of primary information It is understood to use them for adoption to persons who committed unlawful actions, measures stipulated by law, as well as eliminating the causes and conditions that contribute to the commission of offenses.

Primary information can be implemented in several ways determined by its content and completeness:

a) adoption of measures of a general proclactic nature;

b) the implementation of activities aimed at preventing and preventing specific priced or preparing crimes;

c) the initiation of a criminal case or the transfer of proven primary information into the investigative apparatus for the production of preliminary investigation and the adoption of operational search measures aimed at disclosing crimes committed (paragraph 1 of Article 3, Article 109, 112 of the Code of RSFSR);

d) refusal to initiate a criminal case or solving the issue of the application of established measures of social impact to a specific person (paragraph 2 of Part 3 of Article 109, Article 113 of the Code of RSFSR);

e) the direction of the materials to another body (institution) of internal affairs or other entity of the Horde.

Receptions for the implementation of information depend on their content and selected ways to use information.

The information is largely uncertain that does not allow to make decisions on the use of the specified paths, needs a preliminary check, incl. operational way.

Operational check and special prevention

Preliminary operational check Represents operational-search activities (actions) of the subjects of operational-search activities of internal affairs bodies aimed at establishing (verification) of the reliability of primary operational and other information, as well as to collect additional information about the objects of operational interest (persons, facts, etc.), necessary to make a decision on their use to solve the tasks of operational investigative activities.

The need to verify the reliability of primary information entering the internal affairs bodies is caused by the fact that with its help operational devices are able to:

to make sure that the objective features inherent in the criminal act, which has become known as a result of the operational search, for adoption in subsequent relevant measures settled by law norms;

evaluate the available information, ensure complete or insufficiency of the available information necessary for the direction of materials on the intention, jurisdiction, jurisdiction or territority;

make a reasonable conclusion about how the identified person behaves, is it of operational interest (whether there is a real fear that it can stand up for a criminal path) and, depending on the situation, what kind of operational, preventive or other measures must be taken to prevent , curbing his illegal actions;

make a decision on the procedural use of information (in accordance with Article 109 of the Code of RSFSR); Head of prompt accounting or other use of information.

The inspection of primary information should meet certain requirements developed by theory and practice of operational investigative activities. The main one includes: compliance with legality, completeness and objectivity, audit activity and ensuring conspiracy.

The situation of the information deficiency determined by the content and completeness of the primary information, as well as the volume of the AD, necessary for its testing and collecting additional information on criminal events (facts), containing signs of unlawful acts, as well as persons, proclaiming, preparing or making them (see . 2, Article 7 of the Law on Horde), leads to grounds for conducting special operational production (which is carried out within the framework of verification materials or the case of preliminary operational verification).

In cases where, in the process of preliminary verification of primary operational information, persons clamping or preparing illegal actions are established, the facts of such actions, as well as circumstances (causes and conditions), contributing to their commitment, the need to take measures to be involved in operational prevention.

Operational prevention, As an organizational-tactful form of the Horde, acts as a state-legal reaction of operational apparatuses on the facts of illegal behavior of the person (individual prevention) or a criminogenic situation (general prevention), taking into account the peculiarities of the use of operational search for forces, means and possibilities.

The peculiarity of operational prevention is that its impact on objects is implemented in a hidden form: from obtaining negligent information before combining operational search opportunities to eliminate illegal behavior, an unlawful situation (environment), preventing the offensive of socially dangerous consequences.

Operational prevention is based on the law on Horde (see Article 2, 7, 10, 11), departmental acts of the Ministry of Internal Affairs of Russia.

The legality of preventive measures is that the subjects of preventive impact (operational devices and their employees) resort to preventive actions not only on the basis of the obligation to use operational information on the antisoble behavior of the person or the negative development of the criminal situation, but on the basis of the obligation to prevent the offensive of the criminal result.

In this way, operational prevention as an independent form of the Horde there is a holistic system of operational control and preventive impact on persons criminalized, in order to prevent the priced, prepared crimes, as well as eliminate their causes and conditions using operational search for forces, means and methods.

operational search and other stipulated by law measures (including special techniques, methods) of operational apparatus activities at the level of society, groups, individual;

regulatory regulation of relations arising in connection with prevention of crimes, the presence of special operational and preventive production;

indicators of the effectiveness of preventive impact on phenomena, generating offenses, and persons, proclaiming or preparing crimes.

Everything objects of preventive impact can be divided into the following groups:

causes of crime in general;

conditions contributing to the commission of certain types of crimes;

personality and behavior of the offender.

To eliminate (or at least neutralization), the causes of crimes of the capabilities of a particular employee of the operational apparatus and even in general, the internal affairs authority is clearly not enough. This requires a complex of general hospitality activities, part of which will be the participation of the forces and opportunities of the ATS. The adoption of special prevention measures regarding specific persons, specific conditions of the criminal situation in order to prevent the polling of criminal plan to prepare actions, and the preparation for an attempt on a crime is a very real task for operational devices of the internal affairs bodies.

The grounds that cause the need for special operational prevention are:

sustainable antisocial (criminal) behavior of a person who has served a sentence for a previous crime;

antisocial behavior of a previously convicted person indicating the real possibility of committing a crime.

It is known that the transition from disadvantageous behavior to antisocial, and then to criminal has certain stages (levels):

formation of intent;

preparation of a crime (study of the situation, creating conditions that facilitate the achievement of criminal goals, the choice and preparation of funds, etc.);

attempt on a crime.

Operational-search capabilities make it possible to identify early stages of the development of illegal behavior and in a timely manner to start operational prevention: identification of persons from which it is possible to really expect the commission of crimes; registering them (prophylactic, operational); Providing prophylactic impact on them; In the necessary cases - preventing criminal activity.

Depending on the level of development of the unlawful (criminal) behavior, its characteristics and the criminogenic situation are selected by the corresponding operational-search forces, funds, methods and techniques for the impact on the face and changes in the situation.

Forms and methods of special general prevention are:

conduct systematic surveys of facilities and integrated events, raids, reviews, targeted checks ("Signal", "Arsenal", "Teenager", etc.) aimed at identifying and eliminating circumstances that contribute to the commission of crimes and other offenses, persons who commit them , incl. in the process of checking the operational information or their use;

environmental work (conversations, lectures for legal topics) using the media capabilities aimed at the impact on the legal consciousness, the morality of the personality by creating incentives for the law-abiding behavior and the use of coercive measures during deviation from that.

A significant enforcement effect have any legitimate actions of employees of operational units of the internal affairs bodies and, first of all, to disclose crimes and the initiation of people who commit.

One of the main tasks of the special prevention of individual character is the impact on the antisocial orientation of the individual, using specific operational search techniques.

The methods of individual-preventive impact include persuasion and coercion regarding persons prone to committing crimes. These methods perform in an inseparable unity, we carry a specific historical, social and legal nature.

In operational-search prevention, these methods are most often applied long before the occurrence of criminal relations (as part of the inspection of received information; management of operational accounting, in order to decline in persons to refuse the preparing crime).

Conviction In operational-search prevention, the process of influence on the consciousness and behavior of persons, including activities aimed at the declination of offenders to the abandonment of the preparing crimes and criminal intentions.

a) carrying out general hospital and operational-search activities that demonstrate the force of laws and law enforcement system;

b) the individual explanatory and educational conversation of the operational employee with persons on which the legal norms and sanctions are applied in connection with the facts of their past and real illegal behavior;

c) the development of positive qualities of preventable persons, reorienting them to other life values \u200b\u200band, in connection with this, to achieve other results for them for them through parents, other family members, other persons who enjoy their authority;

d) the belief of the preventable persons through other police officers in the inevitability of punishment, the formation of a conscious desire for the abandonment of the antisocial (criminal) behavior, declining to the jaw on the obey.

Compulsion It is an auxiliary method of prevention and is a process of mental or physical impact on consciousness and will, actions and behavior of persons in the operational accounting of the internal affairs bodies. At the same time, mental coercion is aimed at suppressing negative volitional aspirations, and in some cases in the breakdown of psychology, habits, behavior. Physical coercion is used in violation by the preventive limitations established by the sanction of the violated rate of law (in determining the composition of the crime or administrative misconduct in the preparatory actions, etc.) in the form of restriction of freedom of movement, within the administrative area, etc.

In some cases, operational staff personally apply coercive measures in accordance with the legislation, in others, are initiated by the use of such measures.

Forms of preventive coercion are:

drive for registration;

official warning about the inadmissibility of the violation of the legislation:

detention and delivered in the ATS suspected of committing offenses;

establishing administrative supervision;

registration of materials on legal limit;

dactylocopying, photographing, the use of other methods of fixing the signs of a preventable person (taking samples of saliva, blood, etc.);

forced direction of the person for medical examination;

seizure of objects and documents that are a tool of crime;

calm declaration of income sources;

prohibition on the presentation of operational services to convicted persons to hold a certain position or to engage in certain activities, the rights to which he deprived by the court sentence;

attraction to administrative responsibility;

improving criminal responsibility for preparatory actions when they contain the composition of the crime;

attracting criminal liability for a less serious crime.

The use of other tactical techniques of special warning is regulated by regulatory acts of the Ministry of Internal Affairs of Russia.

Operational development

Operational development as a form of implementation of the operational search activities of the ATS occupies a special place in solving the tasks of the fight against crime.

The need for operational development is determined by a number of circumstances.

1. The primary information obtained in the process of operational search is insufficient for the legal characteristics of the crime and persons involved in its commit.

2. A preliminary verification of primary information (based on materials or for preliminary operational audit) approaches operational employees to the necessary amount of information about the prepared, committed (perfect) crime, as well as persons involved in its preparation, commit, or wanted criminals, allows The basis to solve certain tasks of operational search activities for the prevention, curb and disclosure of crimes, the search for criminals, when this does not require the implementation of the complex of operational-search activities.

Operational development, based on more reliable, in-depth information obtained often "from within" criminal groups (formations, communities), allows:

it is true to estimate the nature of the events under study;

determine the degree of their public danger;

establish a circle of persons engaged in disguised criminal activities (first of all "ideological" inspirationors-organizers);

determine the optimal ways to achieve the objectives of preventing, disclosure of crimes and search for criminals.

During operational development, both preventive problems can be solved. The main task of operational development is the detection and disclosure of heavy, disguised crimes, as well as the search for criminals, evading inquiry, consequences and serving the appointed punishment.

With the help of operational development, it is possible to penetrate the mystery of criminals, establish the facts and circumstances necessary for their initiation, to receive information, the generalization of which contributes to the improvement of operational search tactics.

Operational development lies in the implementation of a complex of segal operational-search activities carried out in the presence of reasonable data on the signs of preparing or perfect (committed) crimes for their preventing or disclosure, as well as in relation to the hidden criminals for their search, when it is otherwise impossible to achieve these purposes, or extremely difficult .

Operational development is carried out within the framework of the work of operational development: operational, operational and search and search. The founding of the establishment and tactical foundations of their conduct are governed by departmental acts of the Ministry of Internal Affairs of Russia. Permission to carry out operational development and business leaders of the internal affairs bodies determined by the regulatory acts of the Ministry of Internal Affairs of Russia.

The final goals of operational development are achieved by a consistent (or parallel) solution of its main tasks:

establishing and documenting criminal actions developed;

preventing the continuation of criminal actions developed during the implementation of operational search activities;

identifying and eliminating the causes of crimes and conditions that contribute to their commitment;

creating conditions for reimbursement material damageinflicted by criminal actions being developed.

This list of tasks clearly reflects the focus of operational development. In any case, the main direction is the complete establishment of criminal activities developed, whoever they would not be: persons suspected of committing crimes, hiding or wanted criminals.

So, by setting a person who guilty a crime on the operational search case, in the fact of which this case was headed, operational workers should not be limited to only measures aimed at the expulsion of this person in this crime, but should check its involvement in other crimes.

Operational development of the search case is also not limited to the discovery of the hopping criminal: it is checked for involvement in crimes that could be made during the sheltering period.

In turn, during operational development on operational cases, the involvement of the involvement of previous crimes developed by the previous crimes, which remained unscrewed, their connection with persons wanted, and others.

Thus, all types of operational development are aimed at solving several tasks of operational investigative activities: from identifying crimes and persons who committed, preventing, disclosure of crimes to the search for criminals. The effectiveness of the solution of these tasks is ensured by documenting facts, actions and other circumstances of operational interest.

Documenting facts, actions and circumstances that are prompt interest in operational accounting

Before talking about documenting as an operational search procedure, it is necessary to understand the accurate meaning of the concept of "documentation". It comes from the word "document", which means "substantiate documents". In turn, justify - it means to reinforce the evidence. Evidence there are actual data on circumstances that are important to permit a criminal or civil case.

It is known that the obligatory element of the documentation is fixation Information (data) on material carriers.

Thus, it can be concluded that operational documentation - identification and fixation on material carriers of information that is prompt interest in compliance with the requirements for the use of information in the operational and search and criminal process.

In this regard, it should be accepted with the opinion that the "Documentation of operational and investigative activities" used in the law on Horde is inaccurately reflects the tactical direction of the theory and practice of the Horde. More adequately reflects its phrase "Documenting illegal (criminal) actions of verifiable and developed".

The legal basis for operational documentation is Article 118 of the Criminal Procedure of the RSFSR and Article 10 of the Law on Horde. Documenting the criminal activities of the developed persons is subordinate to the tasks of proving criminal proceedings and is carried out, as a rule, within the framework of operational accounting.

The need for operational documentation is determined by non-obvious, disguised, and often and organized by the nature of the commission of crimes.

The unlawful nature of the documentation ensures the successful collection of actual data that contributes to the establishment of an event of a crime committed by his persons and other circumstances related to it, as well as the sites of the stay of the wanted.

Thus, the documentation, the subject matter of which coincides with the subject of procedural proof (Article 68 of the Code of Criminal Procedure of the RSFSR - establishing a circle of participants in the crime, place, time and method of its commitment, the nature and amount of damage caused, etc.) is essentially the process of "operational" proof and consists of two elements:

1) detection of actual data:

on episodes (facts) of the unlawful activity of persons in which the work of operational accounting (time, place, method, etc., the circumstances of the crime institutes);

about persons who can have information on the preparation or commitment of unlawful act;

subjects (documents, property), which are subjects of criminal encroachment, htozy criminal, crime instruments;

circumstances mitigating and aggravating responsibility;

the nature and amount of damage caused by the actions of persons on which the work of operational accounting is instituted;

the reasons and conditions that contributed to the executive act.

To identify actual data, a wide range of strengths listed in the law, assets and events are applied. Then you should make sure that the presence of data identified to the subject of proof.

2) ensuring the possibility of using actual data during a procedural investigation by:

fixation (fixings) of established actual data in certain forms of information carriers (certificates, messages, reports, reports, acts, photo, video documents, audio recordings, etc.);

ensuring the safety of installed sources of information and creating opportunities for their procedural design and use in the investigation process (photographing, copying, establishing segless observation, operational seizure or movement, as well as shelter).

Documentation and proof are similar to that they are based on actual data indicating the criminal activities of the developed persons, and pursue a single goal - the fight against crime.

At the same time, the documentation differs significantly from evidence, and this difference is as follows:

documenting the criminal activities of being developed is carried out in a challenge, by applying operational-search forces, means and methods, while proof is carried out in a vowel, the production of investigative actions;

the adoption of operational-search measures Although the direct responsibility of the inquiry bodies arising from the criminal procedure law, but their content, organization and tactics are governed by the Law on Horde, regulatory acts of the Ministry of Internal Affairs of Russia, and investigative actions - criminal procedure law;

the actual data on the basis of which the public danger of acts, guilty of persons and other circumstances is established in investigative or judicial means, will be evidence in a criminal case (Part 1 of Article 69 of the Criminal Procedure of the RSFSR); In turn, the actual data obtained as a result of the application of operational-search activities, without the relevant procedural design (consolidation) of the evidence in a criminal case, cannot be;

documenting the criminal activities of the developed persons is carried out in the process of operational development as before the start of production in a criminal case, and in parallel with the latter, while proofing before the initiation of the criminal case is unacceptable.

Requirements complied with the operational documentation, compliance with legality, conspiracy, timeliness and fullness.

Given the great importance of material evidence in the process of operational development, it is necessary to make extensive measures to ensure the identification of as many subjects and documents as possible, which in the investigation may be evidence in a criminal case. The activities under consideration are usually carried out with the involvement of representatives of the public and using special technical means (photographing, filming, audio, video), as well as chemical and other substances of tags for items and documents that can become evidence in a criminal case.

The results of documentation for operational developments are made in the form of certificates, reports, acts, explanations of possible eyewitnesses, research, etc. Received information and documents are concentrated in operational accounting.

The content of the production of operational accounting is to implement a complex of various (depending on the actual foundation of the institution, and therefore the type of operational accounting case) of operational and search activities, the organization and tactics of which should ensure the solution of the ODD tasks. The volume and nature of the ongoing operational-search activities is determined by the actual foundations of the establishment of the case. So, if the operational production is carried out in order to verify the facts of a criminal nature when information about them is not fully either received from unreliable (non-verified) sources, or has a high degree of uncertainty, which does not allow to make an accurate conclusion about the signs of a crime, then in order to obtain The necessary information is used, as a rule, ORM, minimum associated with the checly invasion of the privacy of citizens (minimally limiting their constitutional rights).

In operational production on the facts of criminal nature, indicating the commissioning or preparation of the commission of a serious or special serious crime, any operational-search activities are allowed, subject to the conditions provided for by Article 8 and 9 of the Law on the Code.

Operational accounting

Operational Accounting Affairs are emerging in accordance with Part 2 of Article 10 of the Law on Hordes in order to collect, systematization, audit and evaluate the results of the Horde, as well as the use of the results obtained for the adoption of relevant decisions by documenting the authority.

Types of operational accounting of established departmental regulatory acts of the Ministry of Internal Affairs of Russia.

The legal basis for the institution of operational accounting in the internal affairs bodies are contained in paragraph 1-6 of Article 7 of the Law on Horde and are common to all OWD operational units.

1. Availability of an initiated criminal case.

2. Established by famous authorities carrying out operational and search activities, information:

on the signs of the prepared, committed or committed illegal act, as well as on persons who prepare, who commit or committed, if there are no sufficient data to address the issue of initiating a criminal case;

events or actions that create a threat of state, military, economic or environmental safety of the Russian Federation;

faces hiding from the bodies of inquiry, investigators and court or evading criminal punishment;

persons, missing, and about finding unidentified corpses.

3. The orders of the investigator, the body of the inquiry, the instructions of the prosecutor or the definition of a court under criminal cases in production.

4. Requests for other bodies carrying out operational investigative activities at the specified grounds.

5. Resolution on the application of security measures against protected persons implemented by government authorities in the manner prescribed by the legislation of the Russian Federation.

6. Requests for international law enforcement organizations and law enforcement agencies of foreign countries in accordance with international treaties of the Russian Federation.

The actual grounds for the establishment of operational accounting can be served by the famous internal affairs authorities.

on criminal events classified by paragraph 2 of Part 1 of the Law on the Code, when information about these facts is not complete, came from unreliable (unverified) sources and does not allow to make an accurate conclusion about the signs of a crime, which causes the need to implement significant the volume of operational and other activities for its inspection;

committing a crime under conditions of non-obvious when a criminal case, initiated on this fact, taken by investigative actions and ORM was not disclosed, and the guilty remained unidentified;

making, prepare a specific person or group of persons crime (crimes) provided criminal lawwhen an objective actual basis for initiating a criminal case is either insufficient to establish all the circumstances of the investigated criminal case;

the fact that the person who committed a crime is hidden from the bodies of the inquiry, the investigation, the court or evades the serving of criminal punishment.

If, as a result of the operational verification, the composition of the crime will be established, then if there is evidence, the body of the inquiry or the investigator, which will be directed by the materials, initiate a criminal case. And in the absence of their absence, the operational apparatus carries out a complex of operational-search activities to identify the legislative criminals and documenting their criminal activities in order to establish actual data (evidence) for their subsequent use in the criminal process.

In the absence of a criminal event in a verifiable event, the case check (material) is terminated. If necessary, preventive and other legal measures are carried out by its results.

For prompt accounts, established under the specified actual grounds, testifying to the preparation or commitment of a crime (s) by known persons, in the absence of grounds for initiating a criminal case, operational proceedings are necessary to document the criminal activities of ORD facilities, collecting actual data, which after the relevant procedural design It can be used to prepare and adopt investigative and court decisions, carrying out subsequent operational search activities in the manner prescribed by Art 10 of the Law on Horde.

For information support to solve the tasks of operational-search activities of internal affairs bodies, optional information of operational and investigative information, forms, and the procedure for which the departmental regulations are also established by departmental regulations can be reached.

Such dossiers are emerging by the decision of the operational employee or the instructions of the head of the body carrying out operational investigative activities: in order to collect, systematize, analyze and use information:

for injured crime or controlled by organized groups (communities) of the industry of production and economic activities, enterprises, institutions, organizations regardless of the forms of ownership;

on the authorities of the criminal environment and "thieves in law", as well as other persons convicted of grave and especially grave crimes, at the place of location (in places of permanent residence, serving the sentence).

The work of operational accounting is a meeting of operational-service documents (dossier), which, based on the content, can be divided into four next blocks:

1) decisions made on the institution of the case, its termination in the event of solving the tasks of the Horde, or the expiration of the deadlines, allocated to conduct an ARM, or establishing circumstances indicating the objective impossibility of solving these tasks;

2) plans reflecting the decision of the initiator in the direction of work on the case in accordance with the operational-search versions nominated by them; execution plans for individual operational search activities, additional work plans, compiled when performing the initial plan measures;

3) certificates, reports, communications, acts, protocols, etc. Documents reflecting the course and results of individual operational search activities;

4) instructions (guidelines) of the investigator, the prosecutor and the court on holding certain ORM, which are subject to attachment to the case of operational accounting and are stored together with other operational materials as the grounds for their implementation (termination, etc.).

Before the completion of the production in the case of operational accounting in connection with the implementation of its materials or the termination, all the operational and service documents collected in it are systematized, are minced and entered into an inventory. The procedure for the systematization of operational and official documents in the materials of operational accounting materials is established by regulatory acts regulating the organization and tactics of operational investigative activities in the ATS.

Attachment to the criminal case of the unlawfully mined documents or their copies, sewn filming or videos, indicating the criminal actions of the developed persons and not violating the principle of conspiracy of the operational apparatus, is carried out on the basis of the decision of the head of the Ord by the Ord.

In this document, it must be specified that the data obtained (copies, film or magnetic tapes with the record and other) were mined as a result of the implementation of operational-search measures conducted in accordance with Article 118 of the Criminal Procedure of the RSFSR and the provisions of the Law on Horde (Art. eleven).

The investigator, based on the proof value of the materials obtained, has the right to bear a reasoned decision on their criminal proceedings as a physical evidence.

As necessary, operational workers and representatives of the public who participated in documenting the criminal activities of the developed persons can be interrogated as witnesses.

The organization of production of operational accounting begins with making materials obtained during the implementation of operational investigative activities, the form of the relevant work of operational accounting.

The right to give materials to the operational verification of the form of the relevant business of operational accounting belongs to the head of the Internal Affairs authority, which is responsible for operational search activities (the head of the ATS, his deputy), which approves the decision on the institution of this case.

The decision on the institution of operational accounting is indicated by the name and position of the person who made it, the date of the decision, the basis for completing the case and the decision.

Operational Accounting Cases are subject to mandatory registration in the registration and registration divisions in the field (operational accounting journals), as well as in the Ministry of Internal Affairs of the Ministry of Internal Affairs, the Central Internal Affairs Directorate of the Federation of Federation, in accordance with the procedure established by the departmental regulatory acts of the Ministry of Internal Affairs of Russia.

The timing of the management of each of the types of operational accounting cases is also defined by regulatory acts of the Ministry of Internal Affairs of Russia. The regime of operational accounting, their transfer (forwarding) must comply with the rules for conducting secret office work.

The fact of the institution of operational accounting is not a basis for restricting any constitutional rights and freedoms of man and citizen. Only if there is information on the signs of training, the commitment of the unlawful act, according to which the preliminary investigation must be carried out; On persons preparing who commit or committed such unlawful acts, as well as on events and actions that create a threat to state, military, economic or environmental safety of the Russian Federation, on the basis of a court decision or compliance with other procedures established by law (see part 2 of Article 8 Law on Horde) Constitutional rights to the secret of correspondence, telephone conversations, postal and other shipments, as well as the right to inviolability of housing can be limited.

Operational Accounting Cases are terminated according to the relevant decision on the basis of:

1) Achievement of their establishment:

identification, prevention, suppression or disclosure of a crime, as well as identifying and establishing persons who prepare, who committed or committing;

the establishment of the location of the face hiding from the bodies of the inquiry, the investigation, the court evading criminal punishment, as well as to miss the missing.

2) the impossibility of achieving the goal of their institution:

non-conferring data, on the basis of which the work of operational accounting is instituted, or the absence of signs of crime in them;

the refusal of the person, members of the criminal group from the commission of the prevailing crime, to prevent the work of operational accounting, if actually committed by these acts do not contain a different crime;

death or severe and prolonged persons of the person who was instituted;

the entry into force of the act of amnesty, if it eliminates the use of punishment for criminal acts of the person who has the work of operational accounting.

3) the expiration of the deadlines established by the departmental acts of the Ministry of Internal Affairs of Russia.

Operational Accounting Affairs, those who, in relation to persons, the guilt of which are not proved in the commission of crimes in accordance with the procedure established by law, should be kept within one year, and then can be destroyed if official interests or justice do not require otherwise. Through three months before the destruction of materials reflecting the results of operational-search activities carried out on the basis of a court decision, this should be notified of the relevant judge (see Ch. 6 Article 5 of the Law on Horde).

Production of operational accounting is carried out under the control of the head of the body directly by the leading operational and search work, as well as leaders of higher sectoral services or a higher authority (Ministry of Internal Affairs of Russia, the Central Internal Affairs Directorate of the Federation of Federation, WTVT), having appropriate authority. Control can be carried out in the following forms:

verification of materials that served as the basis for the establishment of operational accounting;

approval of decisions and plans in the case of operational accounting;

checking incoming operational documents and giving instructions on the areas of work on the case and fulfillment of relevant operational search activities;

having heard operational workers leading the production of operational accounting, etc. (see Article 22 of the Law on Horde).

In addition, within the limits provided for by Article 21 of the Law on Horde, the supervision of operational accounting work is carried out by authorized prosecutors.

Work number:

Year of delivery:

Number of pages:

Theme 1. The subject and objectives of the course "Organization of operational-search activities" 2
Topic 2. Legislation on operational and investigation activities 3
Topic 3. Subjects of the Organization and Implementation of the Horde 4
Topic 4. Authority and legal status of officials carrying out Horde 8
Topic 5. Operational search activities and their system 11
Survey of citizens as an ORM. eleven
Inquiry. 12
Collection of samples for comparative studies. 12
Study of items and documents. 13
Observation. fourteen
Identification personality. fourteen
Examination of premises, buildings, structures, areas of terrain, vehicles. fifteen
Topic 6. Information support of ORM 15
Topic 7. Promoting citizens to organs carrying out Horde 17
Topic 8. Basics of operational-search tactics 17
Topic 9. Using the results of the Horde 17
Topic 10. Ensuring the rights and freedoms of a person and a citizen with the organization of the CU 19
Topic 11. Socio-legal protection of citizens who contribute to the authorities in the process of organizing and conducting the Horde 19
Topic 12. Control and supervision of the activities of units carrying out HFD. twenty
Topic 13. Organization of Horde for Combating Organization 20

Excerpt from work:

Some theses from work on lectures on operational investigative activities
In recent years, the theory of science has significantly enriched, continued and continues to accumulate the valuable material of the HFD. There was a need for large-scale analysis and summarizing those innovations that characterize modern Hordes. It is dictated by an increase in the social significance of the Horde in the context of a qualitative and quantitative change in the state of crime in our country and, it seems related to these needs of operational search practice. In the interests of the criminal process, the results of the HFD are used to prepare and implement two types of actions: investigative and judicial. Moreover, their use is possible both at the preparation phase and at the stage of direct conduct.
Stages of Horde are determined by legal traits of operational analytical search, operational check of operational search information. In addition, the legal status of this information and the possibility of its access to other types of procedural activities, as well as the legal status of the entities of the Horde, both operational divisions and their officials are investigated. The relevance and novelty of the Horde is that it objectively creates prerequisites for scientific understanding of the methods of obtaining operational search information and its consolidation as evidence.
The results of operational-search activities may be presented in the form of a generalized official message (certificate-memorandum) or in the form of originals of the relevant operational documents.
The degree of secrecy of the submitted materials, the types of applications and the transmission method are determined in accordance with the rules for the conduct of secret workshop in each particular case separately, including depending on the essence of the received request (assignment) and the availability of information to be sedentary.
Operationally investigative activities - this is a compromise - probably the most subtle and complex act of moral choice, where the risk of destroying the moral nature of the goal in the process of achieving it is great. This risk is particularly contrasting, if you analyze the dominant motives, in relation to the motivational sphere, according to which citizens confidentially provide organs carrying out operational investigative activities.
It is clear that most of those who cooperate with law enforcement agencies are socially disadvantaged, have any deviations from the norms of renewing, often criminal past, and in the first case are closely related to criminals, their environment, etc.
Based on this, the operational workers often have to be compromised between the dominant priorities of intolerance in the fight against crime and the use of assistance emanating from persons who are part of the criminal environment. The moral and assessment factor significantly affects the decline in the effectiveness of activities due to the formal incompatibility of the ideals of the fight against crime and actual cooperation with persons who are representatives of the criminal environment
The question of the role of ethical began in the activities of the investigator becomes relevant due to a number of peculiarities of its communication with the participants of the process at different stages of the preliminary investigation. First of all, this is the specificity of the reasons for communicating the investigator with the accused, suspected, witnesses, victims, etc. The negative emotional background imposes an imprint to the entire structure of the consequence of the investigator with the participants of the process, so in addition to increasing requirements for the level of professional skill of the investigator, such purely moral qualities of his personality, as humanity, justice, debt, conscience, etc. are updated.