Some aspects of ensuring and protecting individual rights and freedoms while carrying out operative search activities in penitentiary institutions

On the basis of the Constitution, its principles and norms are the relations of man as the bearer of rights and freedoms, on the one hand, and State on the other. The maintenance of the balance and proportionality to protect constitutional values, goals and interests is the most important task in the implementation of the Constitution: unacceptable diminution of one value by another, and accordingly, the question is actualized about maintaining this balance in our country, especially while carrying out operative search activities. Although operative search activity focused on protecting the constitutionally recognized individual rights it allows their restriction sometimes in order to protect the constitutional rights of the individual, and therefore the implementation of such activities and its legal regulation has the constitutional law aspect. Although the intensity of the criminal impact on individual rights and public safety assumes greater responsibility for the condition and dynamics of crime and activity response of the Executive and its law enforcement agencies for criminal assault, it does not absolve of the responsibility to act within the legal framework, within certain authorities, on the grounds and in the manner prescribed by law. It is true in respect of entities engaged in operative search activity in the penal system.