The Federal law "About police intelligence" is 25 years old

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Introduction: a quarter of a century after the adoption in 1995 of the Federal law «About police intelligence» (in a new version) (hereinafter - the Federal law «About ORD»), there is something to remember: the prerequisites for its adoption, the contribution of scientists in the field of theory of operational search activities (hereinafter - ORD), supporters and opponents of such a Law, gaps and shortcomings, as well as the directions of improvement and prospects for the development of operational search legislation in modern conditions. To go through them, you need to «shovel» a lot of sources, since everything in the legal and special literature is presented in short and apart. Such disparity, in our opinion, does not allow the reader to form even for themselves at least a General idea of the historical retrospective of the formation and development of this Law. Materials and Methods: scientific publications devoted to the history of the adoption and development of the Federal law «About ORD», including publications related to the improvement of operational search legislation, materials collected by the author that reflect the features of its formation and development in the Soviet and post-Soviet periods, as well as modern law enforcement practice. In the process of research, a set of methods was used: dialectical materialism, an integrated approach to the study of history, a system of General scientific and private methods of knowledge, including: observation, comparison, description, analogy, formal classification, as well as logical techniques and methods of research (analysis, synthesis, induction, deduction). Results of the Study: allowed the author to summarize the issues collected in the course of studying the formation and development of the Federal law «About ORD», identify specific features at each stage of its development, and scientifically substantiate them. In addition, thanks to the research conducted, it was possible to formulate and offer the reader the main directions for improving not only the Federal law «About ORD» itself, but also the operational search legislation in General. Substantiate the idea of using information technologies in this case by developing and adopting a special action plan (activities) for this purpose. Findings and Conclusions: the current understanding of the history of the formation and development of the Federal law «About ORD» due to the fragmentary and fragmented material does not cover the nuances that served as the main prerequisite for its adoption. It seems to us that a fragmentary consideration of individual episodes does not allow us to create a General picture of the historical event that took place. The founders of the theory of ORD as a relatively independent scientific knowledge, as a rule, remain in the «shadow», which is difficult for followers (young specialists) to assess their real contribution to the development of the theory into science. The adoption of the Federal law «About ORD» is inextricably linked with the theory of ORD. The following were clarified and concretized: the merits of scientists in the field of the theory of ORD in creating the necessary prerequisites for the adoption of the Federal law «About ORD»; the conceptual and categorical apparatus of the theory in relation to modern conditions; gaps and shortcomings identified in the process of practical application of this Law; priority areas for its improvement. The author believes that the problems associated with the further development of the theory of ORD and the improvement of the Federal law «About ORD» should be the subject of special research in the framework of candidate and doctoral dissertations.

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Federal law, police intelligence, criminal intelligence legislation, quarter of a century, advances and advantages, areas of improvement

Короткий адрес: https://sciup.org/143174506

IDR: 143174506   |   DOI: 10.24412/2312-3184-2021-1-157-168

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