Operational Search Immunity in Respect of Persons with Special Legal Status

The article reveals the problems of the lack of legal grounds for conducting operational search activities against a number of officials with special legal status. On the other hand, the absence of such a status could lead to violations in the work of those public bodies whose membership is the reason for obtaining special legal status. The following methods of scientific knowledge are used during the study: dialectical – for examining problems in their development; formal-legal – for evaluating the provisions of legislative norms; comparative-legal – for the purpose of correlating various sectoral legal norms; logical – for structuring the logic of judgments, etc. Results: The article proposes to supplement the Federal Law “On Operational Search Activities” with general requirements on the grounds and procedure for issuing permits for conducting operational search activities in respect of officials with special legal status. The article concludes that the existing legal uncertainty in the conduct of operational search activities against many officials with special legal status or immunity limits law enforcement agencies’ activity in combating crimes committed by such persons, and primarily in the fight against corruption. In order to reduce the risk of subjective discretion of law enforcement officials and at the same time to protect the rights and interests of officials with special legal status, it is proposed to regulate in the Federal Law “On Operational Search Activities” the grounds and procedure for obtaining permission to conduct operational investigative checks against such persons.