Ensuring security guarantees of the participants of the investigation «operational implementation»

The article is devoted to the study of the legality of committing a forced offence and causing harm by the participants of operational-search activity during the implementation of operational-search activity "Operative introduction". The question of the necessity of proper legislative provision of security guarantees and exemption from criminal liability of persons carrying out operational-search activity, as well as persons providing them with confidential assistance is raised. The concept of "operational risk" in operational-search activity, its interpretation by legal scholars and in law enforcement practice is considered. The relevance of the topic of the study is conditioned by the fact that in operational and investigative practice there are situations of forced commission of offences by persons providing assistance, as well as by employees of internal affairs bodies in the implementation of operational and investigative activity "Operative introduction". This is considered one of the most problematic issues of the theory of operational-search activity and practice of operational units. The article provides a comparative legal analysis of the norms of the Criminal Code of the Russian Federation and the Federal Law of 12.08.1995, No. 144-FZ "On operative-search activity", regulating the issues of legal regulation of the institute of exemption from punishment, when solving the tasks of solving serious and especially serious crimes.