Operational-Investigative Activities of Judicial Authorization: Features of Performance

¹ Saint Petersburg University of the Ministry of Internal Affairs of Russia, Department of Operational-Investigative Activities in the Internal Affairs Bodies, Saint Petersburg, Russia
² Police Officer of the Drug Enforcement Administration of the National Police, Managua, Nicaragua

^* Corresponding author: russkif@mail.ru

Abstract

The scientific article is devoted to the study of issues related to the peculiarities of performing operational-investigative activities of judicial authorization enshrined in the Federal Law “On operational-investigative activities” The questions of performing operational-investigative activities and the restrictions on the constitutional rights of citizens, connected with them, are raised. Performing operational-investigative activities, requiring judicial authorization, is impossible without clear knowledge and understanding of not only the Federal Law “On operational-investigative activities” but also the decisions of both the Constitutional Court and the European Court of Human Rights. Understanding these documents makes it possible to competently and fully, in compliance with all the requirements of the law, draw up the necessary documents to obtain the permission of a court, competently and clearly determine which activity should be conducted in each case, taking into account the technical and other features of both the activity itself and the allocated funds. Purpose: to conduct a scientific study of operational-investigative activities of judicial authorization; to analyze the legislation governing the specifics of performing these activities, the powers of the subjects of operationalinvestigative activities when performing the considered activities. As the methods and methodology of conducting the work, formal-logical and dialectical methods, sociological, and historical methods were used. The scientific article is based on a sociological, theoretical, and historical method, on a set of techniques for understanding the legal status of an official, the theory of authorities, and a comparative analysis of legislative norms. The main methodological approach used in the scientific article is the theory of operational-investigative legislation, developed in the works of Russian lawyers. Main results: the study made it possible to identify the advantages and disadvantages of the regulatory framework governing the specifics of conducting operational-investigative activities requiring judicial authorization, as well as significant errors in law enforcement practice. Conclusions and substantiation of the novelty of the work: based on the analysis of the Federal Law “On operational-investigative activities”, insufficient legal elaboration of the legal regulation of operationalinvestigative activities of judicial authorization is substantiated. The ways of solving the existing problems are proposed, including by amending the current legislation on operational-investigative activities.