Novelties in the Legal Regulation of Operational and Investigative Activities

Andrey V. Nikulenko

2021

Abstract

The article is devoted to the circumstances that exclude of the criminality act in the criminal legislation of the Russian Federation and their role in determining the legality actions of law enforcement officers (operatives) during operational search activities. Objective: to identify the advantages and disadvantages of the legal regulation of operational-search activities from the point of view of the current operational-search legislation and criminal legislation of Russia. Tasks: to analyze situations of legitimate harm in the implementation of operational investigative activities and develop proposals for improving the current legislation. Methods: research of the relevant norms using the system method, general scientific methods (structural and functional analysis, comparison, logical method, content analysis of the courts practice and mass media). Main results: the study revealed the advantages and disadvantages of the regulatory framework for conducting operational search activities, as well as significant qualification errors in forensic investigative practice. Conclusions and justification of the work novelty: the paper substantiates the insufficient effectiveness of the existing approach to the problems of legal regulation of operational search activities and suggests ways to solve these problems, including by modernizing the existing norms and introducing new ones in Chapter 8 of the Criminal Code of the Russian Federation. In view of the ambiguous and often inconsistent practice of applying the norms of criminal law on the circumstances precluding the criminality of an act, it is proposed to use a casuistic approach in the further reconstruction of the relevant norms to present the legislative wording of these norms that allow causing legitimate harm to public relations protected by criminal law. At the same time, the wording of the norms is created as clear as possible for the operative employee and the authorities controlling his activities, as well as for citizens, which allows them to unambiguously assess the legality of their implementation (operational search measures related to causing harm).

Paper Citation

in Harvard Style

Nikulenko A. (2021). Novelties in the Legal Regulation of Operational and Investigative Activities. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 56-59. DOI: 10.5220/0010628600003152

in Bibtex Style

@conference{closa21,
author={Andrey V. Nikulenko},
title={Novelties in the Legal Regulation of Operational and Investigative Activities},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={56-59},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010628600003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Novelties in the Legal Regulation of Operational and Investigative Activities
SN - 978-989-758-532-6
AU - Nikulenko A.
PY - 2021
SP - 56
EP - 59
DO - 10.5220/0010628600003152