Gulakova V.Yu., Dolgopolov K.A. The Analysis of Law Violations by Employees of Operational Subdivisions at the Stage of Preliminary Verification of Materials

DOI: https://doi.org/10.15688/lc.jvolsu.2017.4.19

Violetta Yu. Gulakova, Candidate of Juridical Sciences, Associate Professor, Department of Criminal Law Disciplines, Saint Petersburg Law Academy, Prosp. Obukhovskoy Oborony, 114A, 192012 Saint Petersburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Kirill A. Dolgopolov, Candidate of Juridical Sciences, Associate Professor, Head of the Department of Criminal Procedure and Criminalistics, Nevinnomyssk State Humanitarian and Technical Institute, Blvd. Mira, 17, 357108 Nevinnomyssk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: for a criminal case it is difficult to overestimate the importance of the materials received by operational subdivisions at the stage of preliminary verification of information, in this connection, the authors set the goal of investigating the most frequent violations of the criminal procedural law, as well as the federal law “On Operative Investigative Activities” соmitted by employees of operational subdivisions in the process of documenting criminal activities. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main place is occupied by the methods of systematicity, analysis and the comparative law method. Results: the analysis of criminal case materials conducted by the authors made it possible to identify the typical violations of the current legislation committed by law enforcement officers, which lead to the recognition of the evidence obtained as unacceptable, and the loss of their significance for a criminal case. Conclusions: as a result of the research it was established that the violations of the criminal procedure code, the federal law “On OIA”, committed by the employees of operational subdivisions lead, in some cases, to the provocation of a crime on their part. Such actions, in consequence, complicate the work to establish the intent in the actions of the perpetrators, and make it possible to avoid the responsibility for the committed criminal acts.

Key words: operative investigative activities, provocation of a crime, operative investigative measures, investigative action, criminal case, evidence.

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