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 96
to 102
Status:
Published
Received:
14.02.2024
Accepted:
27.03.2024
Published:
12.07.2025
Language:
Russian
Keywords:
Operational investigative activities, internal affairs bodies, assistance from citizens, confidential information, gaps in legislation, confidential cooperation.
Abstract (English):
Introduction. The assistance of citizens to the operational units of 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 identifying and solving serious and especially serious crimes, when without information received from confidential persons, it is almost impossible to expose the criminals. Methods. In the course of the study, the general scientific dialectical method of cognition of the surrounding reality was used, which involves a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, the method of description, the method of logical comprehension, abstraction and generalization were used. Results. The shortcomings that exist in the Federal Law «On Operational Investigative Activities» and other regulatory legal acts relating to operational investigative activities do not allow full use of the opportunities for citizens to assist the authorities carrying out such activities. Attention is drawn to the fact that, in the author’s opinion, the Criminal Code of the Russian Federation requires revision with regard to the possibility of exemption from criminal liability for committing non-violent crimes of minor and medium gravity for persons who are members of an organized group, criminal organization, criminal community or embedded in such a group, organization, a community that provides or has provided assistance to operational intelligence agencies on a contractual basis, the result of which was the disunion of an organized group, a criminal organization, a criminal community, or the bringing of its participants to responsibility established by the legislation of the Russian Federation. In addition, it is proposed to make a number of additions to the Federal Law «On Operational Investigative Activities». In particular, define the concepts of «assistance» and «cooperation»; consolidate provisions establishing methods for providing guarantees of social and legal protection to persons assisting operational intelligence agencies without a contract; detail the mechanism for ensuring state protection measures and pension provision for persons assisting operational units under a contract; establish 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 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 identifying and solving serious and especially serious crimes, when without information received from confidential persons, it is almost impossible to expose the criminals. Methods. In the course of the study, the general scientific dialectical method of cognition of the surrounding reality was used, which involves a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, the method of description, the method of logical comprehension, abstraction and generalization were used. Results. The shortcomings that exist in the Federal Law «On Operational Investigative Activities» and other regulatory legal acts relating to operational investigative activities do not allow full use of the opportunities for citizens to assist the authorities carrying out such activities. Attention is drawn to the fact that, in the author’s opinion, the Criminal Code of the Russian Federation requires revision with regard to the possibility of exemption from criminal liability for committing non-violent crimes of minor and medium gravity for persons who are members of an organized group, criminal organization, criminal community or embedded in such a group, organization, a community that provides or has provided assistance to operational intelligence agencies on a contractual basis, the result of which was the disunion of an organized group, a criminal organization, a criminal community, or the bringing of its participants to responsibility established by the legislation of the Russian Federation. In addition, it is proposed to make a number of additions to the Federal Law «On Operational Investigative Activities». In particular, define the concepts of «assistance» and «cooperation»; consolidate provisions establishing methods for providing guarantees of social and legal protection to persons assisting operational intelligence agencies without a contract; detail the mechanism for ensuring state protection measures and pension provision for persons assisting operational units under a contract; establish 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, internal affairs bodies, assistance from citizens, confidential information, gaps in legislation, confidential cooperation.
Operational investigative activities, internal affairs bodies, assistance from citizens, confidential information, gaps in legislation, confidential cooperation.
