Some Features of the Legal Guarantees for the Protection of Persons Providing Assistance to Bodies Engaged in Operational Search Activities
( Pp. 181-184)

More about authors
Lyuev Tembot Khabasovich Police Lieutenant Colonel, Senior Lecturer of the Department of the Activities of the Internal Affairs Bodies in Special Conditions, Russia, Kabardino-Balkarian Republic, Nalchik
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
This article discusses some issues of providing legal protection for persons who provide covert assistance to bodies engaged in operational search activities. The problems of the society's attitude to the very fact of cooperation between citizens and law enforcement agencies of the state are touched upon, including taking into account such categories as morality, rights and freedoms of the individual, which are somehow affected by operational search activities; the role of the agent method at various stages of the development of human society is traced. The article argues for the importance and indispensability of the agent component of operational-investigative activities in solving most of the tasks facing it in combating various manifestations of criminal activity, and emphasizes the moral difference between the work of confidants who assist in the detection and suppression of criminal crimes and the activities of the agents of political investigation. The paper also identifies some shortcomings and gaps in the implementation of guarantees of legal and social protection of confidential persons, which arise due to the fact that the legal status of this category of persons is not fully defined at the legislative level. It is proposed to discuss the possibility of making changes to the legislation, for example, to include confidants in the list of person’s subject to state protection measures in accordance with Federal Law No. 119-FZ of 20.08.2004 "On State Protection of Victims, Witnesses and other participants in Criminal Proceedings".
How to Cite:
Lyuev T.K., (2021), SOME FEATURES OF THE LEGAL GUARANTEES FOR THE PROTECTION OF PERSONS PROVIDING ASSISTANCE TO BODIES ENGAGED IN OPERATIONAL SEARCH ACTIVITIES. Gaps in Russian Legislation, 5 => 181-184.
Reference list:
Antonyan, Yu.M. Motives of the agent's cooperation with the police // Operative (Sleuth). 2013. No. 2 (35). April. M.: Publishing house Shumilova I.I., 2013. P.10-13
Vidoc E. Notes of Vidok, chief of the Parisian secret police - Kiev: Svenas, 1991. - 428 p.
Golyandin Nikolay Petrovich, Bogdanov Anatoly Vasilievich Urgent issues of legal support of operational-search activity // Bulletin of economic security. 2016. No. 2. URL: https://cyberleninka.ru/article/n/nasuschnye-voprosy-pravovogo-obespecheniya-operativno-razysknoy-deyatelnosti (date of access: 05/13/2021).
Instructions for organizing and conducting internal (undercover) surveillance of February 10, 1907.
On the operational-search activity: Feder. Law of August 12, 1995 No. 144-FZ / Rossiyskaya Gazeta, 1995, No. 160
Perevalov Dmitry Vasilievich The structure and content of the legal status of persons providing confidential assistance to the operational-search authorities under the legislation of the Republic of Belarus // Eurasian Advocacy. 2012. No. 1 - 1 (1). URL: https: // cyberleninka.ru/article/n/struktura-i-soderzhanie-pravovogo-statusa-lits-okazyvayuschih-konfidentsialnoe-sodeystvie-operativno-rozysknym-organam-po (date accessed: 05/13/2021).
Serednev, V.A. Moral education of employees of operational units as one of the components of the organizational and legal mechanism for using the results of operational search activities as evidence in a criminal case // PPD. 2019. No. 2. URL: https://cyberleninka.ru/article/ n / nravstvennoe-vospitaniesotrudnikov-operativnyh-podrazdeleniy-kak-odin-iz-komponentov-organizatsionno-pravovogo-mehanizma (date of access: 05/13/2021).
Tomin, V.T. Human rights and freedoms - a big bluff of the twentieth century (Criminal proceedings in Russia: aspects of interaction with international law) - Omsk: Publishing house Omsk. acad. Ministry of Internal Affairs of Russia, 2004. - p. 130
Shumilov, A.Yu. The course of the basics of operational-search activity: textbook / A.Yu. Shumilov. 2nd ed., Add. and revised M., 2007. -- 386 p.
Shumilov, A.Yu. Operational Search Encyclopedia. M.: Publishing house Shumilova I.I., 2004. - p. 129
Keywords:
persons providing covert assistance to law enforcement agencies, confidants, operational and investigative activities, confidential cooperation, agent, informant, legal protection.


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