Improving the Effectiveness of Individual Investigative Actions (Monitoring and Recording of Negotiations, Obtaining Information about the Connection of Subscribers and (or) Subscriber Devices)
( Pp. 95-100)
More about authors
G. Shurukhnov Nikolay
Dr. Sci. (Law), Professor, Leading Researcher; Federal State Institution "Research Institute of the Federal Penitentiary Service", Moscow, Russian Federation; Moscow, Russian Federation; Professor of the Department of Criminal Law and process; Tula (branch) of the All-Russian State University of Justice; Tula, Russian Federation
Federal State Institution "Research Institute of the Federal Penitentiary Service"
Moscow, Russian Federation Tula (branch) of the All-Russian State University of Justice, Tula, Russian Federation Grishin Dmitry A. Cand. Sci. (Law), Associate Professor; senior lecturer, Department of Criminal Procedure and Criminalistics
Academy of Law and Management of the Federal Penitentiary Service
Ryazan, Russian Federation
Federal State Institution "Research Institute of the Federal Penitentiary Service"
Moscow, Russian Federation Tula (branch) of the All-Russian State University of Justice, Tula, Russian Federation Grishin Dmitry A. Cand. Sci. (Law), Associate Professor; senior lecturer, Department of Criminal Procedure and Criminalistics
Academy of Law and Management of the Federal Penitentiary Service
Ryazan, Russian Federation
Abstract:
Purpose of the study. The article discusses the problems of criminal procedural activity that arise during the monitoring of information transmitted during telephone conversations or accumulated within the framework of the functioning of mobile communication devices. The aim of the study is to define ways to transform the legal basis of criminal proceedings to raise the efficiency of the implementation of the procedural means of the institution of evidence provided by the legislator. The possibilities of simplifying procedural issues of obtaining permission to carry out relevant investigative actions are analyzed. Conclusions. As a result of the study, the authors come to the conclusion that it is necessary to reform the provisions of art. 186 and 209 of the Criminal Procedure Code of the Russian Federation. Perfecting the procedure for monitoring and recording conversations, receipting information about the connection of subscribers and (or) subscriber devices will ensure the achievement of the aims of criminal proceedings, the protection of the legal status of the sufferer, and the effectiveness of the investigation.
How to Cite:
Shurukhnov N.G., Grishin D.A. Improving the Effectiveness of Individual Investigative Actions (Monitoring and Recording of Negotiations, Obtaining Information about the Connection of Subscribers and (or) Subscriber Devi-ces). Lobbying in the Legislative Process. 2024. Vol. 3. No. 4. Pр. 95–100. (In Rus.). EDN: AZZMQQ
Reference list:
Bazhenov S.V., Nevsky E.P., Cherdyntseva I.A. Obtaining information about connections between subscribers and (or) subscriber devices. Legislation and Practice. 2011. No. 1 (26). Pp. 45–48. (In Rus.)
Bespalov V.P., Shurukhnov N.G. Monitoring and recording conversations – wiretapping telephone conversations: Investigative action and operational-search measure (specific comparative legal study). In: Actual problems of combating crime. Materials of the interuniversity scientific-practical conference. Tula, 2016. Pp. 8–18.
Groshev I.A. Once again to the problems of obtaining information about connections between subscribers and (or) subscriber devices. Actual Problems of Humanitarian and Natural Sciences. 2016. No. 6-2. Pp. 138–142. (In Rus.)
Dunaeva M.S. On criminal-procedural guarantees of communication secrecy during monitoring and recording of negotiations. Legal Sciences. 2011. No. 3. Pp. 35–36. (In Rus.)
Knyazkov A.S. Signs and system of investigative actions. Bulletin of Tomsk State University. 2011. No. 352. Pp. 129–133. (In Rus.)
Leonov A.I. On criminal-procedural regulation of monitoring and recording of negotiations. Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2008. No. 1. Pp. 66–68. (In Rus.)
Maksimov V.A. Legal culture: The rights of participants in criminal proceedings (on the problem of monitoring and recording of negotiations as an investigative action). Bulletin of the Kazan State University of Culture and Arts. 2007. No. 8. Pp. 82–84. (In Rus.)
Makhov V.N., Shirev D.A. Formation of control and recording of telephone and other conversations as an investigative action. Operative (Detective). 2006. No. 3 (8). Pp. 47–49. (In Rus.)
Svetasheva V.G. Procedural problems of organizing the fight against minor crimes associated with restrictions on the procedure for control and recording of conversations. Actual Problems of Combating Crimes and Other Offenses. 2013. No. 13-1. Pp. 47–49. (In Rus.)
Utarbaev A.K. On some guarantees of protecting the human right to privacy when monitoring and recording conversations. Bulletin of Samara State University. 2006. No. 5-2 (45). Pp. 152–158. (In Rus.)
Shuruhnov N.G., Shagara G.V. Procedural actions on technical communication channels as means of legally limiting the constitutional right to the secrecy of telephone conversations. Man: Crime and Punishment. 2014. No. 1 (84). Pp. 86–88. (In Rus.)
Shurukhnov N.G. Tactics of control and recording of negotiations. In: Forensic science. Textbook. V.A. Zhbankov (gen. ed.). 2nd ed., revised. and enlarged. Moscow, 2018. Pp. 280–291.
Shurukhnov N.G., Meretsky N.E. Obtaining information about connections between subscribers: role in investigation, some problems of production practice. In: Actual problems of the fight against crime. Materials of the interuniversity scientific and practical conf. (Tula, March 15, 2019). Tula: Tula Institute (branch) of the All-Russian State University of Justice (Russian Law Academy of the Ministry of Justice of Russia) of the Ministry of Justice of Russia. 2019. Pp. 190–198.
Shurukhnov N.G. Use of computer stenography programs in the production of verbal procedural actions. Russian Investigator. 2021. No. 7. Pp. 26–29. (In Rus.)
Bespalov V.P., Shurukhnov N.G. Monitoring and recording conversations – wiretapping telephone conversations: Investigative action and operational-search measure (specific comparative legal study). In: Actual problems of combating crime. Materials of the interuniversity scientific-practical conference. Tula, 2016. Pp. 8–18.
Groshev I.A. Once again to the problems of obtaining information about connections between subscribers and (or) subscriber devices. Actual Problems of Humanitarian and Natural Sciences. 2016. No. 6-2. Pp. 138–142. (In Rus.)
Dunaeva M.S. On criminal-procedural guarantees of communication secrecy during monitoring and recording of negotiations. Legal Sciences. 2011. No. 3. Pp. 35–36. (In Rus.)
Knyazkov A.S. Signs and system of investigative actions. Bulletin of Tomsk State University. 2011. No. 352. Pp. 129–133. (In Rus.)
Leonov A.I. On criminal-procedural regulation of monitoring and recording of negotiations. Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2008. No. 1. Pp. 66–68. (In Rus.)
Maksimov V.A. Legal culture: The rights of participants in criminal proceedings (on the problem of monitoring and recording of negotiations as an investigative action). Bulletin of the Kazan State University of Culture and Arts. 2007. No. 8. Pp. 82–84. (In Rus.)
Makhov V.N., Shirev D.A. Formation of control and recording of telephone and other conversations as an investigative action. Operative (Detective). 2006. No. 3 (8). Pp. 47–49. (In Rus.)
Svetasheva V.G. Procedural problems of organizing the fight against minor crimes associated with restrictions on the procedure for control and recording of conversations. Actual Problems of Combating Crimes and Other Offenses. 2013. No. 13-1. Pp. 47–49. (In Rus.)
Utarbaev A.K. On some guarantees of protecting the human right to privacy when monitoring and recording conversations. Bulletin of Samara State University. 2006. No. 5-2 (45). Pp. 152–158. (In Rus.)
Shuruhnov N.G., Shagara G.V. Procedural actions on technical communication channels as means of legally limiting the constitutional right to the secrecy of telephone conversations. Man: Crime and Punishment. 2014. No. 1 (84). Pp. 86–88. (In Rus.)
Shurukhnov N.G. Tactics of control and recording of negotiations. In: Forensic science. Textbook. V.A. Zhbankov (gen. ed.). 2nd ed., revised. and enlarged. Moscow, 2018. Pp. 280–291.
Shurukhnov N.G., Meretsky N.E. Obtaining information about connections between subscribers: role in investigation, some problems of production practice. In: Actual problems of the fight against crime. Materials of the interuniversity scientific and practical conf. (Tula, March 15, 2019). Tula: Tula Institute (branch) of the All-Russian State University of Justice (Russian Law Academy of the Ministry of Justice of Russia) of the Ministry of Justice of Russia. 2019. Pp. 190–198.
Shurukhnov N.G. Use of computer stenography programs in the production of verbal procedural actions. Russian Investigator. 2021. No. 7. Pp. 26–29. (In Rus.)
Keywords:
criminal proceedings, information technology, control and recording of conversations, receipting information about the connection of subscribers and (or) subscriber devices, limitation on the rights of citizens.
