Evidence Admissibility Based On Results Of Law Enforcement Intelligence Operations
DOI:
https://doi.org/10.36097/rsan.v0i36.1213Palabras clave:
criminal procedure, criminal case, evidence, admissibility, law enforcement intelligence operationsResumen
The timeliness of the problem under study is justified by the questions occuring in the evaluation process of admissibility of evidence formed on the base of the results of law enforcement intelligence operations, existing situation in Russian Federation at the present stage of development of state and public institutions, as well as with the difficulties emerging in the statutory regulation of the specified groups of procedural relations. In this regard, this article is aimed at a comprehensive analysis of the admissibility of the use of the operational investigative activities results in evidence in criminal cases arising from attempts to resolve them in the national criminal procedure legislation. The leading approach to the study of this problem is the analysis of criminal cases practice, where the operational investigative activities results were provided. The article summarizes the problem points related to the search for optimal ways to use the actual data obtained by operational means as evidence, as well as the doctrinal approach to the subject under consideration.
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Agutin А. V., Karamyshev D. A. The legal mechanism for ensuring the admissibility of evidence in pre-trial proceedings. М.: Yurkompani, 2010. P. 21.
Dolya E.A. “Formation of evidence based on the results of law enforcement intelligence operations”. Monograph. M.: Prospect, 2017. p. 167.
Groshevyi Yu., Stakhivskiy S. Evidence and proofs in criminal proceeding: Scientific and practical collection. Kiev: KNT, 2006. P. 150.
Karagodin V.N. “Operational experiment as a means of verifying information about the upcoming bribery // Rossiyskii sledovatel. 2011. No. 8. p. 2.
Law enforcement intelligence operations: Federal Law of 08/12/1995 No. 144-FL (as amended on July 6, 2016) // Collection of legislation of the Russian Federation. 1995. No. 33. Art. 3349.
Lazareva V.A. On some indictment tendencies in judicial practice and the emancipation of the procedural form of evidence//Actual problems of criminal proceedings: issues of the theory of legislation, application practices (for the fifth anniversary of the Code of Criminal Procedure of the Russian Federation). М., 2015. P. 182.
Lazareva V.A. Problems of proving in the modern criminal process in Russia. Moscow: “U right” Publishing House, 2016. P. 49.
Lotorev E.N., Shchukina T.V., Brusentseva V.A., Zabaikalov A.P., Kolomoets E.E., Sedunov R.A., Zeinalov R.G. Protection of rights and legitimate interests of performers of entrepreneurial activities in modern Russia // International Journal of Advanced Biotechnology and Research. 2016. Vol. 7. № 4. P. 1951-1958.
Makarov A.V., Firsov O.V. “Problems of registration the results of open law enforcement intelligence operations” // Rossiyskii sledovatel. 2013. No. 12. p. 38.
Order of the Ministry of Internal Affairs of Russia No. 776, Ministry of Defense of Russia No. 703, Federal Security Service of Russia No. 509, Federal Security Service of Russia No. 507, Federal Customs Service of Russia No. 1820, Russian Foreign Intelligence Service No. 42, Federal Security Service of Russia No. 535, Federal Security Service of Russia No. 398, Russian Security Code No. 68 of 09/27/2013 . “On the approval of the Instructions on the procedure to present the results of law enforcement intelligence operations to the investigative authority, investigator or court” // Rossiyskaya Gazeta. Number 282. 12/13/2013. p. 41.
Ryzhakov A.P. “New means of verifying a crime report” // Legal Reference System “Consultant Plus”. URL: http://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=CJI&n=70668#06956257248038293.
Sheifer S.A. “Evidence and proof in criminal matters: problems of theory and legal regulation. M.: NORMA, 2009. p. 125.
Stelmakh V.Yu. “Some problems of admissibility of the results of operational investigative activities and as evidence in criminal cases” // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2015.p. 21.
The Russian Federation Code of Criminal Procedure dated December 18, 2001 No. 174-FZ (as amended on June 27, 2018) // Collection of legislation of the Russian Federation. 2001. № 52 (p. I). Art. 4921.
Vorobieva Yu.Yu. Modern problems of the process of proving in the Russian criminal proceedings: abstract. dis. PhD in Laws Orenburg, 2006. P. 70.
