Gromov, N.A., Polunin, S.A., Kurushin, S.A. On use of results of operational investigation activity as proof in criminal cases.

Abstract: The adopted Code of Criminal Procedure of the Russian Federation does not provide for a procedure for the procedural consolidation of the results of the ORDO, which would make it possible to unambiguously resolve the issue of their reliability and admissibility as evidence, as well as the procedure for transferring them to the body of inquiry, the investigator and the court. For example, in Article 89 of the Code of Criminal Procedure of the Russian Federation "The use of the results of operational investigative activities in proving", the developers provide that "in the process of proving, the use of the results of operational investigative activities is prohibited if they do not meet the requirements for evidence by this Code." However, as the authors of this article note, the emphasis on the procedural form of obtaining evidence is far from indisputable. To some extent, it facilitates the assessment of evidence, but does not make it completely objective, and numerous examples of misleading witnesses in the perception of an event and direct perjury are known in practice.