Criminal-legal assessment of information about a crime, carried out by employees of bodies carrying out operational-search activities

Abstract

Relevance. The article examines the problems of conducting operational-search activities on the basis provided for in subparagraph 1 of paragraph 2 of part 1 of Article 7 of the Federal Law of August 12, 1995 No. 144-FZ "On operational-search activities". The need for operational officers to assess information about a crime being prepared, committed or completed is emphasized.

The purpose of this article is to demonstrate the interdisciplinary significance of the institute of grounds for operational-search activities, as well as to develop proposals to eliminate contradictions between the sciences of criminal law and operational-search activities.

Conclusions. Based on the study of the norms of legislative acts and doctrinal sources, a conclusion is made about their criminal-legal assessment as a private type of legal assessment, which is an independent process different from the qualification of crimes. The author proposes to amend Article 10 of this law, which will legally enshrine the corresponding duty of operational officers. The stages of carrying out a criminal-legal assessment are highlighted and important aspects are disclosed that require consideration when making a specific decision on the presence of grounds for conducting operational-search activities or their absence, as well as the opening of an operational accounting file, etc.Keywords: operational investigative activity, criminal-legal assessment, operational investigative measures, grounds for conducting operational investigative measures, results of operational investigative activity, information about a crime.