Involvement of operational staff in the investigation as a form of interaction between the investigator and operational units
Автор: Laricheva Irina V.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовно-правовые науки
Статья в выпуске: 4 (103), 2022 года.
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The article is devoted to one of the important forms of interaction between an investigator and operational officers - involving them in investigative actions. The procedure for attracting operational staff as participants in investigative actions, the tasks solved with their help are analyzed, the differences between this form of interaction between the investigator and the body of inquiry from the assistance provided by officials of the body of inquiry to the investigator in the production of procedural actions are shown. Methods and materials: the legal framework of the study was formed by the Constitution of the Russian Federation, the Code of Criminal Procedure of the RSFSR of 1960, the current criminal procedure legislation governing investigative actions, as well as scientific work in the field of criminal procedure related to the issues under study. The methodological basis of the study was the general dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. The Results of the study: allowed us to consider, clarify and summarize certain provisions concerning the participation of operational officers in investigative actions. Findings and Conclusion: сoncluded that, despite the established judicial and investigative practice of interaction between operational officers and persons conducting investigative actions, there are controversial issues that there is no reliably accurate approach to in the scientific literature, since difficulties arise with determining the range (types) of investigative actions in which an operational officer needs to participate, his powers as participant of the investigative action. In addition, it is proposed to consider that the forms of participation of operational staff in investigative actions can be: organizational and security and search and cognitive, depending on which a system of interaction will be built, representing a separation from assistance to the investigator in the production of investigative and procedural actions provided by employees of the body of inquiry.
Investigator, operative, investigative actions, interaction of the investigator and the body of inquiry, assistance to the investigator during the investigation
Короткий адрес: https://sciup.org/143179532
IDR: 143179532 | DOI: 10.55001/2312-3184.2022.78.51.019