The Principle of Offensiveness in Operational-Search Activities:

Applied-theoretical Aspect

Alexander Vladimirovich Zabrodin

and Alexander Alexandrovich Khramov

FKU IK-35 of the Federal Penal Service of Russia for the Republic of Khakassia, Abakan, Russian Federation

Kuzbass Institute of the Federal Penal Service of Russia, Novokuznetsk, Russian Federation

Keywords: Police operations, principles, offensive action, crime, penal correction system.

Abstract: The following article analyzes the operational-search activity (hereinafter referred to as police operations)

focused on correctional institutions of the penal correction system (hereinafter referred to as penal correction

system) in terms of the offensive action approach in conducting operational records, conducting operational-

search measures, checking messages and collecting materials about crimes and other offenses. Within the

framework of the study, the approaches to the definition of the concept of "offensive action" are analyzed, its

main features are highlighted, and the empirical base is used. In the process of considering this topic, several

arguments were presented about the necessity and importance of using the principle of offensive actions in

the implementation of tasks of operational-search activity. The purpose of the study was the need to identify

the most significant theoretical and practical issues related to the understanding and use of offensive actions

as a principle of police operations. The goal determined the formulation and solution of the following tasks:

consideration of the concept and essence of offensive actions; analysis of the empirical base required for the

study; identification of shortcomings in the practical activities of operational units; formulation of conclusions

and proposals. During the research, a whole complex of methods was used: general scientific and specific

scientific, including methods of empirical and theoretical knowledge. As a result of the study, the author's

definition of the concept of "offensive action" was formulated, and a proposal was made to change the list of

principles of police operations and supplement it with the principle of offensive actions.

1 INTRODUCTION

With regards to the development of the rule of law

and the consistent need to battle dynamically

changing structures and types of crime, the issue of

understanding, interpreting, and applying in law

requirement the initial provisions that form the basis

for the implementation of police operations takes on

relevance and importance (Tabakov, 2018). Such, as

the examination or analysis of the current legislation

shows, are straightly forwardly reflected not just in

the Federal Law "On Operational Investigative

Activities" (hereinafter the Law on Police

Operations), but also in other regulatory legal acts

(including local laws) regulating relations in the

investigated area. Among them, a defined role is

played by the principles of police operations, one part

of which is considered only at the doctrinal level, and

https://orcid.org/0000-0001-6644-8500

the other (provided for by the Law on Police

Operations) has not yet been defined in the law.

This was indicated in works by A.Yu. Vvedensky,

rightly noting that as of now, numerous issues related

to the implementation of police operations are not

defined and not settled (Vedensky, 2014; Kleymenov,

2017). The ambiguity and ambiguity of several

provisions of the Law on Police Operations,

according to the author, leads to contradictory law

enforcement practice. This was over and over drawn

attention to in its decisions not only by the

Constitutional Court of Russian Federations (decision

of June 29, 2004 №. 13-P, May 27, 2008 №. 8-P, etc.),

but also by the European Court of Human Rights

(decision on complaint №. 656 / 06, №. 13476/04,

etc.), noting that the ambiguity and imprecision of the

law can lead (and often leads) to ambiguity of its

interpretation and arbitrary application, infringing in

Zabrodin, A. and Khramov, A.

The Principle of Offensiveness in Operational-search Activities: Applied-theoretical Aspect.

DOI: 10.5220/0010633600003152

In Proceedings of the VII International Scientiﬁc-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” (CLOSA 2021), pages

195-200

ISBN: 978-989-758-532-6; ISSN: 2184-9854

195

some cases the rights and legitimate interests of a

person and a citizen.

At present, previously mentioned federal law has

only four principles of police operations such as:

legality, respect and observance of human and civil

rights and freedoms, conspiracy, a combination of

overt and covert methods and means. Two of them are

constitutional, the other two are sectoral. We are

convinced that this arsenal of regulators arising in the

procedure for the implementation of police operations

of relations is not enough to reflect the essence of this

activity fully and comprehensively. In this regard, the

opinion is formed that the operational-search

legislation should be amended and adjusted.

Notwithstanding the above mentioned, we agree with

the opinion of A.M. Baranov that the principles, being

high-level provisions, ensure the proper regulation of

emerging social relations (Baranov, 2020).

One such starting point is the principle of

offensive action, which, although not currently

reflected in the law, is actively implemented in law-

enforcement practice, and monitored by oversight

bodies. Unfortunately, departmental legislation also

does not contain a precise definition of the concept of

“offensive action”. in the conduct of operational

records, the conduct of operational investigations,

and the verification of reports of crimes being

planned or being committed and of other offences,

based on which procuratorial bodies take action on

procuratorial violations of the law.

The purpose of this study research is to identify

the most relevant theoretical and practical concerns

related to the understanding and use of offensive

action as a principle of operational and investigative

activity. The objective led to the formulation and

implementation of the following objectives: Review

of the concept and nature of offensive action;

Analysis of the empirical basis necessary for the

study; Identification of shortcomings in the practice

of operational units; Formulation of conclusions and

proposals.

2 MATERIALS AND METHODS

A whole complex of methods was used in the process.

First, analysis and synthesis, induction and deduction,

comparison, and analogy. Additionally, to the above

general scientific methods, we have also used private

scientific (empirical and theoretical) methods.

Empirical learning methods including: an

observational method that makes it possible to see the

processes and phenomena being studied which are

perceptible; a descriptive method based on the

recording of information obtained by the observation

process; A survey providing information on the

subjective understanding of the concept under

consideration. The method of theoretical knowledge

is a structural-functional method consisting in

dividing the object under study into component parts.

3 RESULTS AND DISCUSSION

The results of the research can be used in the detection

of crimes, as well as in the verification of the

reliability of information about planned, committed,

accomplished crimes require a clear, pre-planned

algorithm of actions. In implementing the plan,

operational units must work in such a way as to

counteract the negative intentions of the perpetrators.

The implementation of the above actions would be

effective if police operations are active and energetic.

In making this point, it should be noted that, in

preparing for the commission of crimes, offenders

take action to achieve their unlawful aims. The

activities of operational units, in turn, must be

planned in such a way as to create a countervailing

effect.

Additionally, the planning of the combat against

crime and the verification of the veracity of reports of

crimes being prepared, committed, or accomplished

should be carried out in different phases. For

example, when checking a certain type of information

about a crime after conducting a criminal

investigation (hereinafter - Operational Research),

inquiries should be conducted by Operational

Research, observation of premises, buildings,

structures, sites, and vehicles, etc. Other Operational

Research procedures may render the verification

illogical.

Within the framework of the study of this topic,

we conducted a survey among the employees of the

operational units of the institutions of a number of

territorial bodies penal correction system of the

Siberian Federal District (Republic of Khakassia,

Tuva, Kemerovo, Tomsk, Novosibirsk Region) In

which 94% of respondents reported on the importance

of the offensive action principle in the

implementation of Operational Researches (of these,

63 per cent consider it necessary to legislate on the

principle in question, 31 per cent stress only the

importance of implementing it in practice, and 2 per

cent do not consider it necessary to use this principle

in carrying out their tasks, Another 4% abstained and

remained neutral (Diagram 1).

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Figure 1: Results of a survey of employees of operational

divisions of penitentiary institutions on the importance of

the principle of offensiveness

In this way, attention should be drawn to the

importance of the actual use of the offensive action

principle in the work of operational units, as well as

the absence of a legislative framework. Operational

units should be provided with a full, comprehensive,

and objective analysis of the information available

and obtained during the planned activities. It is also

important to focus on the initial as well as the

subsequent planning of activities and their

implementation in accordance with the requirements

of the fight against crime.

In the legislation and legal doctrine there is no

clear definition of “offensive action activity”, but the

S.I. Pozhgov’s vocabulary contains the notions “to

step” and “offensive action”, which are one-sided

term considered by us “to step”, i.e., to move forward

(Pozhgov, 1999). Based on the interpretation of S.I.

Ogjegov, offense is defined as the kind of activity of

the operational units that ensures active action against

the offenders, to counteract the crimes being prepared

or committed.

V.I Elinsky addressed the basic concepts and

provisions of police operations, albeit without

touching on the concept of "offensive action", but

such verbs as: "explore", "observe", which are

adjacent to the concept we are investigating (Elinsky,

2020). This indicates that the definition of the concept

of "offensive actionness" is not sufficiently

researched, in the legislation and legal doctrine there

is no consensus on what meaning should be given to

this word.

A.G. Markushin, interprets the content of the

principle of offensive action, explained that it is

carried out through the implementation of a constant

operational search and detection of the necessary

information, and the adoption of appropriate

measures. The author also notes that offensive action

speaks of the intelligence nature of the Operational

Research System, allowing operational units to use

the forces and means of the Operational Research

System as efficiently and quickly as possible

(Markushin, 2015). V.I Zazhitsky rightly asserts that

offensive action is rightfully considered the

fundamental, principal idea of the Operational

Research System, namely, the principle.

Additionally, V.I. Zazhitsky correlates the concept of

"offensive action" with the concept of "efficiency",

giving them synonymy (Zazhitsky, 2006). This, in

our opinion, confirms the importance of offensive

actionness in the procedure for carrying out police

operations, and also gives importance to the

legislative consolidation of the principle we are

considering.

Professor Yu.P. Garmayev, considers the term

"offensive actions" and, believes that it consists in the

orientation of police operations to search for

information about the signs of a crime, to identify

persons who are planning to commit them (Garmaev,

2016). In this case, the author gives a kind of

synonymity to the concepts of "offensive action" and

"focus on the search for information." In our opinion,

in this case, the activity of actions of the subjects of

police operations is not meant and is considered,

which, in turn, does not fully reveal the essence of

offensive actions as characteristics of the actions of

operational units.

There is an opinion that the principle and practice

of offensive action is a counterbalance to passivity

and lack of initiative. According to S.I. Ozhegova,

passive and lack of initiative means not showing

activity, devoid of initiative. Considering the opinion

that offensive actions should be ensured by active

actions of the subjects carrying out police operations,

the above judgment is correct (Ozhegov, 2006).

The position of I.A. Abramov, which does not

define the concept of «offensive action» but calls it

signs, among which stand out: speed, speed of taking

measures, display of activity, purpose, initiative in

carrying out police operations, the aim is to anticipate

the actions of the perpetrators and to prevent and

suppress unlawful acts during the preparation and

attempt stages, as well as to identify and denounce the

perpetrators in a timely manner. In addition, the

author claims that the offensive action directly

reflects the intelligence nature of police operations,

aimed primarily at obtaining primary operational

information, which would not have been possible

without the use of confidential assistance (Abramov,

2018). It is difficult to disagree with this view, since

the prevention of planned, planned and committed

crimes and other offences must be carried out by

operational units considering the evolving

operational situation, directly or indirectly through

persons, providing them with tacit assistance.

N. principle is

necessary (31%)

N. principle is

not important

(2%)

respondents

abstained (4%)

N. principle must

be enshrined in

the law (63%)

The Principle of Offensiveness in Operational-search Activities: Applied-theoretical Aspect

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The term “impact” is close to the concept of

“offensive action”. A.Y. Schumilov wrote that

exposure should be associated with a certain activity

of subjects. Any influence on a socially dangerous

phenomenon, among which are the control and

warning, A.Y. Shumilov called the influence (Noise,

2018). In our opinion «impact» is not synonymous

with “offensive action”, but it can be part of it or one

of the features.

M.V. Sedniev highlights continuity as one of the

requirements of the activity in question, which is also

related to offensive activity: the term implies the

existence and use of permanent control over the

objects of interest, enrichment of data for

completeness and accuracy of information

(Sydetsiev, 2018).

We also agree with Y.A. Lozhkin, who asserts

that the effectiveness of the detection of crimes

depends, first, on the clear and consistent

organization and implementation of the operational

support of said process (Lozhkin, 2017). The

operational units of the agency must be fully

operational to enable them to fully enforce the rule of

law in the agency. The lack of reliable information on

crime, according to M.Y. Titanov, does not make it

possible to carry out a forecast of its development, as

well as to develop an effective plan to combat it

(Titanov, 2016).

A.A. Serdyuk claims that the identification of the

concept of «offensive action» with such categories as

«initiative», «activity» etc., is not allowed, and the

main condition of offensive activity in carrying out

police operations must be confidence in the integrity

and understanding of the tasks of the experiment

(Serdyuk, 2017). We believe that this judgement is

highly unilateral and insufficiently comprehensive.

Offensives should be enforced by active and

proactive actions of police operations entities, as we

have previously asserted.

It is quite interesting to note that nowadays,

among all the member countries of the

Commonwealth of Independent States (hereinafter

CIS), only the Law of the Republic of Moldova on

police operations contains the principle of offensive

and operational readiness that we consider. We

believe that these principles should be distinguished,

and it is not entirely appropriate to single them out as

one: “operational readiness”, in our view, means that

operational units have some At the time when

preparations for crimes and other offences are under

way and prompt action is taken to eliminate them.

Offensive activity refers to the activity of police

operations entities aimed at suppressing crimes and

other offences.

According to Article 21 of the Police Operations

Act, the heads of the bodies carrying out police

operations submit to the Public Prosecutor’s Office,

when supervising the activities of the respective units,

operational and service documents, which include

operational record-keeping cases, Materials on the

conduct of police operations using operational and

technical means, as well as records and registration

documents and departmental regulations regulating

the procedure for their implementation. Procuratorial

supervision is carried out for the purpose of verifying

the legality of the activities of the supervised bodies

(Marinicheva, 2020).

Drawing attention to the practical activities of the

operational units of the Federal Penitentiary Service,

it should be noted that often in the exercise of

oversight over the legality of the activities of the

institutions in relation to police operations, The

Procurator’s Office issues numerous reports of

violations of certain provisions of federal or

departmental regulations. For example, Federal

Penitentiary Service regional prosecutors' offices

conduct quarterly inspections, not only to assess the

lawfulness of procedural decisions, their conformity

with criminal procedural law, but also in checking the

keeping of operational records, carrying out police

operations. As practice has shown, quarterly, because

of oversight by the Public Prosecutor’s Office of the

legality of the activities of the operational units of the

Federal Penitentiary Service in each territorial body

of the Federal Prison Service, inspection reports end

with reports on elimination of identified violations.

These include the following:

Violations of departmental regulations; The

absence or insufficiency of grounds for the

establishment of a register; Incorrect drawing up of

operational audit plans; Violations of time limits in

the conduct of operational records and in the

collection of evidence of crimes and incidents;

Insufficient operational and relevant information;

Lack of an integrated approach in the implementation

of activities, lack of interaction with other divisions

and services, etc.

In our opinion, the above-mentioned violations

are connected, first, with the inertia and passivity of

the subjects of police operations and their lack of

activity and speed in carrying out the planned

measures. The inaction of operational units may lead

not only to the submission of recommendations to

remedy the violations detected and to the holding of

operational personnel and their superiors

accountable, as established by law, but also to the

commission of crimes and other offences.

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It is important to note that the number of recorded

crimes among persons deprived of liberty is

increasing each year, as shown in Figure 2. The

number was 940 in 2015, 960 in 2016, 974 in 2017,

in 2018 - 1025, in 2019 - 1171 crimes.

Figure 2: Total number of reported crimes among persons

held in places of deprivation of liberty

The annual increase in crimes committed in places

of detention is, in our view, due more to a lack of

capacity on the part of operational units to carry out

the tasks assigned to them by the State. Shortcomings

in the activities of operational units are related to a

passive and informal approach to the tasks assigned

to them and to the involvement of operational

personnel in other activities not inherent to them.

O.V. Filippova believes that one of the reasons for

the high crime rate, in terms of number and

recidivism, is the imperfection of the preventive

activities of the authorized entities (Philippine 2020).

We are sure that this opinion is hard to disagree with:

the quality of crime and delinquency prevention has

long been considered poor and inadequate:

Disciplinary sanctions are systematically imposed on

convicted persons in correctional institutions for

various kinds of offences.

In addition, the identification of perpetrators and

the collection of records of crimes and other offences

that have already been committed and have been

committed (which, as shown in Figure 2, are

numerous), must be carried out expeditiously for

subsequent referral, quickly, providing an integrated

approach to establishing the necessary data. It is

extremely important to pay great attention to the

above-mentioned objectives, since any delay can lead

to negative consequences in the form of violation of

the social relations protected by criminal law.

A.A. Criminov argues that the importance and

importance of police operations in Federal

Penitentiary Service institutions cannot be

overemphasized. In addition to providing a regime in

the institution, operational units, through their staff

members, constantly monitor the operating

environment, identify and verify reports of crimes

and other offences (Crimea, 2020). Of course, the task

of maintaining a stable operational environment and

verifying is impossible without an offensive

approach.

4 CONCLUSIONS

In this way, it is considered that the system is

enshrined in the Article 3 of The Police Operations

Act, while containing both constitutional and sectoral

principles, is not fully capable of regulating

operational and investigative relations at present and

therefore needs to be further developed and more

fully reflected. It is important to stress the importance

of the offensive principle in the practical activities of

operational units. First, an offensive approach to the

implementation of the tasks assigned to subjects of

police operations will make it possible to combat

crimes and other offences more effectively. Secondly,

the verification of reports of crimes being planned or

committed must be swift and expeditious, thereby

contributing to a stable and controlled operational

environment. Thirdly, an active and comprehensive

approach to the implementation of planned activities

will make it possible to combat criminal acts in a

qualitative, timely and conspiratorial manner.

On the basis of the foregoing, we propose that

offensive activity, based on and in accordance with

the law, should be understood as a fundamental

starting point for rapid response to reports of crimes

being prepared and committed, Full and

comprehensive collection and analysis of operational

and relevant information, quality planning of

activities required to achieve the objectives, proactive

targeting of offenders, prompt and effective decision-

making, Timely identification, denunciation and

prosecution of the guilty parties, as well as the display

of activity, purpose and initiative in carrying out the

tasks assigned to the subjects of police operations. In

addition, we propose that the Ministry of Justice

should submit a legislative initiative to amend the

article. 3 of the Federal Law “On Operational-

Investigative Activity”, the extension of the list of

principles of police operations and, accordingly, the

addition of the principle of offensive activity to the

mentioned list. We believe that the implementation of

this proposal will make it possible to ensure better

performance of police operations' tasks and will also

be the right step in the fight against crime.

200

400

600

800

1000

1200

2015 2016 2017 2018 2019

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REFERENCES

Abramov, I.A., 2018. Principles of confidential assistance

to operational units of agencies (bodies) of the Penal

Correction System. In the collection "Criminal

Executive System Today: Interaction of Science and

Practice". 1. pp. 8-10.

Baranov, A.M., Marthin, P.G., 2020. Norms-principles of

criminal procedure: law and theory. In the Bulletin of

Tomsk State University. Right. 37. pp. 21-31.

Vvedensky, A.Yu., 2014. The legislative consolidation of

new operational-search measures is not a necessity, but

a reality dictated by practice. In the journal Black Holes

in Russian law. 1. pp. 189-192.

Garmaev, Yu.P., 2016. The principle of offensive in the

detection and investigation of crimes. In the journal

Russian Investigator. 2. pp. 6-12.

Yelinsky, V.I., Fedorov, R.V., Zhirov, R.M., 2020. The

origin of individual operational-search terms

(historical-etymological approach). In the Bulletin of

Tomsk State University. 460. pp. 239-246.

Zazitsky, V.I., 2006. Results of operational-search

activities in criminal proceedings. In the journal Theory

and Practice. ST. PETERSBURG: YURI. CENTER

PRESS. p. 590.

Kleimenov, M.P., 2017. Undisclosed and latent crime:

differences and similarities. In the Law Enforcement

journal. 1(1). pp. 106-113.

Lozhkin, Yu.A., 2017. Operational-search support of

criminal cases initiated on the fact of disorganization of

the activities of pre-trial detention centers of the Federal

Penitentiary Service of Russia. In the Bulletin of the

Perm Institute of the Federal Penitentiary Service of

Russia. 2(25). pp. 33-39.

Markushin, A.G., 2015.Operative-search activity. In the

textbook for academic undergraduate studies.

PUBLISHING HOUSE EWRIGHT. p. 399.

Marinicheva, A.Yu., 2020. Prosecutorial supervision in the

system of monitoring the activities of participants in the

public contract process. In the Bulletin of Tomsk State

University. Right. 35. pp. 87-102.

Ozhegov, S.I., Shvedova, N.Y., 1999. Explanatory

dictionary of the Russian language: 80,000 words and

phraseological expressions. In Russian Academy of

Sciences. p. 944.

Tabakov, A.R., 2018. To the question of the principles of

operational-search activities. In the journal Topical

Problems of Law and State in the 21st Century. 10(3).

pp. 156-159.

Serdyuk, A.A., 2017. Offensive in identifying bribery. In

the Bulletin of the Academy of the Prosecutor General's

Office of the Russian Federation. 3-2. pp. 419-423.

Sideltsev, M.V., 2018. On the concept and principles of

crime prevention programmes. In the Law Enforcement

journal. 2(2). pp. 106-113.

Titanov, M.Yu., 2016. Crime in correctional institutions:

recorded and actual. In the Bulletin of the Perm Institute

of the Federal Penitentiary Service of Russia. 3(22). pp.

46-53.

Filippova, O.V., 2020. Criminological characterization of

recidivism. In the Bulletin of Tomsk State University.

Right. 38. pp. 87-100.

Shumilov, A.Yu., 2018. Operational-search criminology:

pro et contra.

In the All-Russian Criminological

Journal. 12(1). pp. 43-50.

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