The history of legal regulation of the operational-search measure «controlled delivery» in foreign legislation

Abstract

Relevance. Controlled delivery as a crime-fighting method is a relatively new operational investigative measure. Despite its relative novelty, controlled delivery occupies a significant place among other measures conducted by law enforcement agencies in foreign countries. It is impossible to imagine operational investigative activities today without the use of controlled delivery. This paper provides a comprehensive analysis of international treaties and agreements on combating illicit drug trafficking through the use of controlled delivery. It also identifies how legislators in several countries (USA, Germany, and France) have implemented these provisions into national legislation. It describes the legal aspects of the use of controlled delivery and the agencies authorized to conduct it. A classification of international regulations in this area is proposed.

Objective. This study examines the history of legal regulation of controlled delivery in foreign legislation, as well as the main determinants and consequences of their adoption.

Conclusions. The development of legal regulation of controlled delivery is relatively recent. The evolution of legislation on its use has been driven by the widespread use of narcotics worldwide and the anti-drug policies pursued both in individual countries and globally. A retrospective analysis reveals a unique approach to the legal regulation of controlled delivery in international law, as well as a lack of large-scale positive experience due to the short period of its use.

EDN: GWOFCL