Kondrashechkin R.V. —
Operational-search detention (capture) as an object of legal regulation of operational investigative legislation
// Police and Investigative Activity. – 2022. – ¹ 1.
– P. 9 - 16.
DOI: 10.25136/2409-7810.2022.1.31525
URL: https://en.e-notabene.ru/pm/article_31525.html
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Abstract: The subject of scientific research is the peculiarities of legal regulation of legal relations arising during the implementation of operational investigative detention (capture) of persons of operational interest during operational investigative measures provided for in Article 6 of Federal Law No. 144-FZ of August 12, 1995 "On operational investigative activities". The existing criminal procedural grounds for detention do not take into account the specifics and specifics of the activities of operational officers, which causes legal uncertainty in law enforcement practice. Taking into account the practical orientation of the use of operational-investigative detention (seizure), it should be noted that in the normative legal acts regulating the operational-investigative activities of the Department of Internal Affairs there are no norms regulating the grounds and conditions for the use of operational-investigative detention. These grounds should be taken into account and fixed in industry legislative acts, taking into account the specifics of the activities of operational units.
Research methods: the method of comparative jurisprudence in the study of the grounds for detention; the method of comparative analysis in determining the compliance of the capabilities of operational units in the implementation of operational investigative detention. The author investigates the actual problems of law enforcement practice concerning the implementation by employees of operational units of such a measure of coercion as operational search detention (seizure). The scientific novelty lies in the analysis of regulatory legal acts regulating the grounds and procedure for detention; in proposals for improving operational investigative legislation. The main conclusions of the study are the need to supplement Article 6 of the Federal Law "On Operational investigative Activities" with the operational investigative measure "Operational investigative detention (seizure)", as well as to supplement Article 15 of the Federal Law with norms regulating the grounds and conditions, the procedure for conducting, the limits of the implementation of operational investigative detention (seizure).
Kondrashechkin R.V. —
Investigation and intelligence characteristics of crimes from the viewpoint of forensic science and the theory of investigation and intelligence activities
// Police and Investigative Activity. – 2021. – ¹ 4.
– P. 1 - 9.
DOI: 10.25136/2409-7810.2021.4.31089
URL: https://en.e-notabene.ru/pm/article_31089.html
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Abstract: The research subject is the essence of investigation and intelligence characteristics of crimes from the viewpoint of forensic science and the theory of investigation and intelligence activities. The research object is social relations emerging in the process of detection and investigation of crimes, theoretical substantiation and law-enforcement practice revealing the essence, components and parts of the mechanism of formation of investigation and intelligence activities. The author considers the correlation between theory and practice of forensic science and investigation and intelligence activities, and the feasibility of use of the term «investigation and intelligence characteristics of a crime». Based on the study of different opinions of the leading researchers in the field of forensic science and theory of investigation and intelligence activities about the definition of the essence, contents, classification and elements of the concept of «investigation and intelligence characteristics of a crime», and using different methods of scientific cognition, the author considers the feasibility and legitimacy of use of the esencial definition and its practical application. The main conclusion of the research is based on the viewpoints of well-known scholars, who have divided into two opposite camps. The representatives of one deny the concept under study, while the others, as well as the author, prove their opinion and state that the concept «investigation and intelligence characteristics of a crime» exists in the theory of investigation and intelligence activities. The author attempts to substantiate the feasibility of this definition.
Kondrashechkin R.V. —
Oustanding Problems of Law-Enforcement Practice in the Process of Operative Investigative Arrest or Seizure
// Police and Investigative Activity. – 2017. – ¹ 3.
– P. 24 - 31.
DOI: 10.25136/2409-7810.0.0.23038
URL: https://en.e-notabene.ru/pm/article_23038.html
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Abstract: The subject of the research is the particularities of legal regulation of operative investigative arrest as part of operative investigative activities set forth by Article 6 of the Federal Law No. 144 of 12 August, 1995 'On Operative Investigative Activity'. According to the author of the article, current legal grounds for arrest do not consider particular features of investigative unit activities which causes certain difficulties in the law-enforcement practice. Taking into account the practical orientation of performing operative investigative arrest or seisure in the process of operative investigative activity, it is necessary to note that legal acts regulating this activity lack standards that would regulate the procedure, grounds and conditions and other aspects of applying operative investigative arrest or seizure. Based on the author, these standards should be described and fixed in legal documents. The author has used the following research methods: comparative law method to analyse legal grounds for arrest or seizure; and comparative analysis method to define conformity of possible operative subdivisions in the process of operative investigative arrest. The author focuses on oustanding problems of law-enforcement practice assocaited with the implementation of such enforcement measure as operative investigative arrest or seizure by operative subdivision officers. The scientific novelty of the research is caused by the fact that the author conducts an analysis of legal acts regulating the procedure and grounds for arrest and offers recommendations on how to improve operative investigative activity. The main conclusions of the research are as follows: there is a need to amend Article 15 of the Federal Law 'On Operative Investigative Activity' with particular legal standards regulating the grounds and conditions, procedure, and limits of operative investigative arrest or seizure of suspects or other persons in the process of operative investigative activity.