The principles of operational-search activity are the fundamental rules and ideas that are developed in the process of implementing the relevant activities and are expressed in legislative norms and acts. The principles govern all spheres of relations in society that are somehow affected by such activities.
Principle of legality
Secured by the Federal Law No. 144 of August 12, 1995, this principle determines the duty of officials of operational units to be guided in the work by the requirements of Russian legislation (primarily the Constitution of the Russian Federation) and internal departmental acts of the respective units.
The implementation of the principle of legality is as follows.
- Only certain entities are entitled to carry out activities defined by the relevant legislation - officials and bodies of operational-search activity.
- Bodies and their officials should not allow violations of legislative requirements in their activities.
- Persons guilty of violations of the principle of legality should be immediately held accountable.
- To identify and eliminate the causes of violations, it is necessary to develop and carry out comprehensive measures.
- The implementation of the principle of legality should take place under strict departmental control and prosecutorial supervision with the execution of relevant documents.
The implementation of the rule of law since 1995 is expressed mainly in the implementation of the activities of the relevant authorities, based solely on the provisions enshrined in the law "On operational search activity". The next source containing the relevant legal norms is a set of departmental acts (orders, instructions, instructions and the like).
The successful implementation of this principle is based on a high level of citizens' legal awareness, legal type of responsibility among operational workers and strengthening the prestige and position of operational activities.
This principle is key not only as the basis of the ARD. Legality is the principle for the functioning of all legal public spheres.
The principle of respect for the rights and freedoms of man and citizen
It is also used in all public areas. Freedoms and rights of citizens are priority principles. With regard to the conduct of operational investigative work, the observance of citizens' rights is expressed in their temporary restriction in exceptional cases.
The decision to impose restrictions on a particular person is taken solely by the court if there are signs that the person has committed a crime, as well as if restricting the rights of one person will ensure the safety of society and the state as a whole.
In addition, according to this principle, under the ARD it is forbidden to inflict moral or physical harm to citizens, to endanger their health and life, and also to pollute the environment. It also means that some rights enshrined in the Constitution of the Russian Federation are not subject to violation in any case (personal dignity under article 21, compensation for unlawfully caused harm by the state and its bodies under article 53, and personal property right under article 35).
According to article 24 of the Constitution, this principle of operational-search activity is also expressed in the prohibition of collecting, storing, using and disseminating information about the personal lives of individuals without their consent. At the same time, the collection of such information, despite the refusal of a person to provide it, is possible only in the ARD process.
The fifth article of the law "On operational search activities" determines that the restriction of freedoms and rights of citizens can be appealed by them. In addition, persons with limited rights are entitled to receive written explanations regarding these restrictions. But if the clarified facts constitute a state or other secret to be protected by the law, and their distribution will lead to damage to citizens, authorities or the state, these facts are not disclosed.
If during the course of the relevant measures the rights of people were violated illegally or the persons were acquitted, these rights and freedoms are subject to compensation by the state in the person of higher authorities, the prosecutor or the court. This principle is similar to the principle of humanism in operational-search activities.
Conspiracy principle
It is one of the special types of grounds for the activities of the relevant authorities. The principle of conspiracy in operational investigative activities is to exercise the right of law enforcement agencies to conceal their actions from suspects and other persons if they are aimed at exposing criminals and solving crimes.
Conspiracy is the basis of the work of the organs carrying out the ARD. Together with other principles, it avoids premature and unreasonable indictment of suspects.
The fourth part of the 5th article of the law “On operational search activity” allows citizens to receive information obtained from the operational investigation authorities against him if they are not classified as secret by law. These norms also allow employees to use encryption documents in relation to persons and bodies conducting search operations, as well as citizens who secretly cooperate with these bodies.
As the principle of the LRA, conspiracy is ensured not only by the enforcement of the law, but also by observing the norms of internal departmental acts, as well as by the interaction between divisions, the availability of logistics and advanced training for employees.
The combination of unspoken and vowels and methods
This principle is specific to operational investigative activities. The combination of these opposed methods and means allows you to fully realize the goals of justice, as well as to exclude unjustified financial costs in the work and decoding hidden methods of combating criminals.
Methods for the implementation of the ARD is a set of methods and techniques that can effectively solve the tasks when carrying out relevant activities. Means include technical-type equipment and other devices (equipment, devices, service dogs, etc.).
Covert measures can identify and solve crimes, as well as identify people who have criminal tendencies. Vowel-type measures are used to consider complaints from citizens and solve crimes, information about which was obtained from non-hidden sources, as well as for preventive purposes.
Planning and scientific
This principle of operational-search activity was developed in the course of the relevant activities. It involves the application and use in the process of work of the achievements of theoretical science, recommendations of a methodological nature and identified trends and patterns in the fight against offenses.
Science is expressed in the use of operational and technical means and technologies during the ARD, in the development of modern methods for detecting, preventing and solving crimes, as well as in establishing confidential communication with sources of important information.
The principle of planning is expressed in the formulation and solution of the main tasks in the fight against crime, in the definition of effective methods and ways of using available funds to achieve the best result.
Planning allows you to effectively distribute the functional responsibilities of workers and establish a system of interaction between devices with each other, which will allow to identify and solve crimes as quickly as possible. This contributes to the full use of funds and forces, as well as the timely and clear implementation of instructions and orders of the leadership.
Community Relations
It is expressed in establishing links between the authorities and society, which should lead to the assistance of citizens to the bodies engaged in operational-search activities. This is achieved by carrying out educational work with people, increasing the level of social responsibility and activity, and fostering intransigence to the crimes committed. Thanks to this work, citizens are guided by the assistance of operational devices, to assist in the implementation of preventive measures.
The result of this work is to increase the efficiency of the bodies carrying out operational-search measures, expanding the information base. In combination with the principle of efficiency, communication with the population allows you to quickly and effectively prevent and solve crimes.
When working with the public, the application of privacy rules plays an important role. In this case, the help of people is used in the operational monitoring of offenders to identify and record the facts of criminal activity, detain criminals, as well as to clarify and eliminate the causes and conditions that contributed to the commission of offenses.
According to Law No. 144-, this principle is also applied in combination with the principle of using secret methods and forms of operational investigative work. Cooperation takes place only with the consent of the citizen, while without disclosing non-disclosed methods of work. In addition, joint activities are carried out only if there is no threat to human health or life.
Centralism, unity of command, collegiality and non-partisanship
Despite the differences in these principles, they can be combined into one group according to the criterion of power.
Centralism is expressed in the construction of relations based on the subordination of the administrative-service type and the delimitation of work by departments, departments and so on. Public evaluation of the work of law enforcement agencies allows improving the work of all departments.
Unity of command as a principle lies in the fact that in each operational unit there is a leader with the competence to make legally competent decisions and the distribution of responsibilities.
Thus, each employee is obliged to obey unambiguously the issued orders and at the same time has the right to make operational decisions in his work. This allows you to distribute duties and responsibilities between employees, which allows more efficient control of the work of the body as a whole.
The principle of unity of command in combination with collegiality allows employees, along with the execution of orders of the immediate supervisor, to participate in the adoption of various decisions and the setting of goals and objectives for the quality fulfillment by the law enforcement body of its functions. In addition, prosecutorial oversight of the organs of operational-search activity is manifested in this principle.
Non-partisanship is not directly fixed in the Federal Law, but follows from some provisions. This principle means that it is prohibited to carry out operational-search measures against political parties, religious or other associations. In addition, full-time and non-staff employees of the Ministry of Internal Affairs are prohibited from participating in the activities of federal authorities at the state level and the level of subjects, as well as in the work of political, religious or public associations to influence their work.
Objectivity, forecasting and operational readiness
These principles can be combined into one group as related to subjective. Objectivity is expressed in an unbiased attitude to the assessment of the circumstances of the crime, as well as to the guilty person. All circumstances of the case should be objectively assessed and verified, and the investigation should not have an acquittal or an accusatory bias, until certain facts are proved. This shows the principle of equality before the law of all subjects that is not directly fixed.
Forecasting the situation (operational) is expressed in predicting the development options for various criminal processes in the relevant region, timely making adjustments to the action plans of the operational-search or preventive types in accordance with these options.
The implementation of the forecasting principle allows for timely training of specialists, as well as their technical and financial support for the implementation of activities to combat possible offenses.
Operational readiness is expressed in maintaining the proper condition of operational units, in which there is the opportunity for the quick and organized use of force and means to solve the private and general tasks of the corresponding activity.
The implementation of this principle is possible only with a thorough knowledge of the situation (operational), timely response to information of an operational-search nature and the willingness of employees to carry out group actions in order to prevent and solve crimes.
Responsiveness (progression)
This principle consists in the quick and immediate adoption of measures to combat offenses. Operational employees must be proactive in the field of timely detection of crimes committed, the adoption of statutory measures to people who prepare and commit crimes, and conduct targeted preventive work.
The principle of progression is implemented in the planning and conduct of operational investigative measures for general and targeted preventive activities in relation to crimes, as well as the prevention of offenses and the suppression of illegal actions at the beginning of its conduct. In addition, this principle is manifested in educational conversations with potential offenders, as well as in the identification and elimination of conditions that contribute to the commission of offenses and concealment of traces of criminal acts.
The application of the principle of progression allows the use of humane means of fighting offenses, since it almost completely eliminates the occurrence of negative consequences. If the offense is committed, the operative actions of law enforcement officers can find criminals in hot pursuit and prevent the concealment of traces of an act, instruments of crime, the ability to get rid of stolen goods or to avoid criminal liability.
The content of the principle of efficiency is as follows:
- it is necessary to know the evolving operational situation in the reporting area and to ensure timely receipt of important operational information;
- it is important to respond in a timely manner to the information received through the distribution of responsibilities and the proper balance of power;
- actions should be taken quickly and harmoniously to prevent crimes and solve them, as well as to detain offenders.
The implementation of these requirements is aimed at creating the necessary conditions for the continuous readiness of operational employees to disclose and investigate offenses using appropriate methods and means. In addition, the implementation of these provisions allows you to put into practice all the theoretical knowledge and skills for each specific version of the investigation of offenses.
Confidentiality
A separate principle is considered the involvement of confidants. Unlike communication with the population, where interaction is carried out in a general sense (not only for subjective interaction, but also for preventive and educational purposes), in this case we are talking about working directly with informants and informants, as well as agents or scouts, aimed at identification of criminal individuals and their plans for committing criminal acts.
This principle establishes the right of law enforcement agencies to use such sources of information and the obligation to provide them with protection and appropriate financial compensation (if cooperation takes place on a reimbursable basis).
The involvement of these persons distinguishes the work of operational investigative nature from other types of legally useful activities.
The principles of the operational-search type are dominant at every stage of the work, expressing the unity of the provisions of the law and their application in practice.