Russian and foreign legal models to enforce the legitimacy of operational search activities by prosecution authorities (comparative legal analysis)

In modern conditions, the requirements for ensuring the legality of operational investigative activities in the Russian Federation are becoming increasingly strict, and this circumstance makes this topic relevant and topical. The presence of this type of activity in the legal systems of many states, including Germany, Spain, Italy, France, makes it possible to pay attention to the experience of law enforcement agencies of these states in this direction. A comparative analysis of domestic and foreign legal models of ensuring the legality of operational investigative activities by the prosecutor's office makes it possible to formulate a conclusion about the inadmissibility of mechanical borrowing of international legal principles, institutions and norms, without their appropriate adaptation to the historically established Russian legal order. Due to the dependence of the Russian and foreign legal models of ensuring the legality of operational investigative activities by the prosecutor's office on the procedural position of the prosecutor in criminal proceedings, the irrationality of the refusal of the domestic legal system to combat crime from the prosecutor's criminal prosecution at the pre-trial stages is obvious. The study of this topic also makes it possible to talk about the need to develop an independent procedural and legal mechanism of the prosecutor's influence on the operational search process in order to improve the Russian legal model of ensuring operational search activity by the prosecutor's office.