SOME PROBLEMS OF APPLYING THE RESULTS OF OPERATIONAL INVESTIGATIVE ACTIVITIES AS EVIDENCE

Author(s): Maksimkin Yu.A., Teplyakova O.A.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2021-4-40-43

Release: 2021-4 (30)

Pages: 40-43

Keywords: operational investigative activity, results of operational investigative activity, evidence, proving, criminal procedure, criminal proceedings

Annotation: The article analyzes the problem of applying the results of operational-search activities as evidence, judicial practice related to this aspect. The issue of legalization of the results of operational-search activities is one of the most relevant in the criminal procedure science. However, some problems directly related to the implementation of operationalsearch measures remain unresolved. In practice, courts of general jurisdiction, when considering criminal cases, in the vast majority of cases, in their convictions refer to the results of the operational-search activity as evidence, listing the testimonies of witnesses, reports and memos separated by commas. Confirmation of this position by the author was found in a number of analyzed court decisions. As a result, the author concludes that it is necessary to regulate in the criminal procedure legislation an independent procedure for legalizing operational-search activities and adjusting the procedure for the use of technical means when fixing observed events in the course of operationalsearch activities. The use of such means should be allowed only with a special judicial decision.

Bibliography: Maksimkin Yu.A., Teplyakova O.A. SOME PROBLEMS OF APPLYING THE RESULTS OF OPERATIONAL INVESTIGATIVE ACTIVITIES AS EVIDENCE // Journal of Legal Sciences. – 2021. – № 4 (30). – С. 40-43. doi: 10.21777/2587-9472-2021-4-40-43