Administrative detentions and verification in operational research activities

Introduction: the article examines the issue of the legality of the use of administrative-legal procedures in the operational-search activity in the conduct of operational-search measures aimed at detaining red-handed persons who commit crimes. Materials and methods: in the course of the study, in order to study the normative regulation of the lawfulness of the use of administrative measures of coercion in the operational-search activity, the author used comparative legal method of cognition. When considering the materials of complaints to the Constitutional Court of the Russian Federation, the method of analysis and synthesis was used. Results: The analysis of complaints to the Constitutional Court of the Russian Federation made it possible to identify the prevalence of the practice of applying administrative-legal procedures in operational-search activities during the arrest of persons committing a crime and typical ways of applying these procedures and to give specific examples of violations of individual rights. Conclusions and results: Relying on the legal positions of the Constitutional Court of the Russian Federation and the decision of the European Court of Human Rights, it is concluded that administrative detention and inspection in the process of carrying out operational search activities are inadmissible and that only criminal procedure mechanisms are used to detain suspected criminals.