ASSISTANCE OF CITIZENS TO OPERATIONAL UNITS OF INTERNAL AFFAIRS BODIES: PROBLEMS AND PROSPECTS
Authors:
1.
Kaliningrad branch of St. Petersburg University of the Russian Interior Ministry
(Operativno-razysknaya deyatel'nost', Teacher)
Gurievsk, Kalinigrad, Russian Federation
Gurievsk, Kalinigrad, Russian Federation
Type:
Article
Pages:
from 1
to 18
Status:
Published
Received:
14.02.2024
Accepted:
05.04.2024
Published:
05.04.2024
Language:
Russian
Keywords:
operational investigative activities, assistance, confidential, gaps in legislation, confidential cooperation
Abstract (English):
Introduction. The assistance of citizens to the operational units of the bodies carrying out operational investigative activities is an important factor contributing to the timely detection, disclosure and investigation of crimes. It is of particular importance in the identification and disclosure of serious and especially serious crimes, when it is almost impossible to expose criminals without information coming from confidants. Research methods. The work used a general scientific dialectical method of cognition of the surrounding reality, which involves a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, the method of description was used; the method of logical comprehension; abstraction and generalization. Results. The existing gaps and shortcomings of the Law on Internal Affairs and other legislation do not allow for the full use of opportunities for citizens to assist bodies engaged in operational investigative activities. Based on our reasoning, improvements are required by the Criminal Code of the Russian Federation in terms of exemption from criminal liability for nonviolent crimes of small and medium severity of persons who are members of an organized group, criminal organization, criminal community, or embedded in such a group, organization, community, providing or providing assistance to operational investigative authorities on a contractual basis, the result of which there was a separation of an organized group, a criminal organization, criminal community or bringing its participants to the responsibility established by the legislation of the Russian Federation. The following additions should be made to the Law on ORDO: definitions of the concepts of "assistance" and "cooperation"; provisions establishing ways to provide guarantees of social and legal protection to persons assisting operational investigative bodies without a contract; detailing the mechanism for ensuring measures of state protection and pension provision for persons assisting operational units under a contract; rules for providing compensation payments to the assisting person or his close relatives in the event of negative consequences for him
Introduction. The assistance of citizens to the operational units of the bodies carrying out operational investigative activities is an important factor contributing to the timely detection, disclosure and investigation of crimes. It is of particular importance in the identification and disclosure of serious and especially serious crimes, when it is almost impossible to expose criminals without information coming from confidants. Research methods. The work used a general scientific dialectical method of cognition of the surrounding reality, which involves a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, the method of description was used; the method of logical comprehension; abstraction and generalization. Results. The existing gaps and shortcomings of the Law on Internal Affairs and other legislation do not allow for the full use of opportunities for citizens to assist bodies engaged in operational investigative activities. Based on our reasoning, improvements are required by the Criminal Code of the Russian Federation in terms of exemption from criminal liability for nonviolent crimes of small and medium severity of persons who are members of an organized group, criminal organization, criminal community, or embedded in such a group, organization, community, providing or providing assistance to operational investigative authorities on a contractual basis, the result of which there was a separation of an organized group, a criminal organization, criminal community or bringing its participants to the responsibility established by the legislation of the Russian Federation. The following additions should be made to the Law on ORDO: definitions of the concepts of "assistance" and "cooperation"; provisions establishing ways to provide guarantees of social and legal protection to persons assisting operational investigative bodies without a contract; detailing the mechanism for ensuring measures of state protection and pension provision for persons assisting operational units under a contract; rules for providing compensation payments to the assisting person or his close relatives in the event of negative consequences for him
Keywords:
operational investigative activities, assistance, confidential, gaps in legislation, confidential cooperation
operational investigative activities, assistance, confidential, gaps in legislation, confidential cooperation
