Open AccessPROBLEMS OF LEGAL REGULATION OPERATIONAL AND INVESTIGATIVE ACTIVITIES IN THE EXECUTION OF NON-CUSTODIAL SENTENCES: ANALYSIS OF LEGISLATION AND PRACTICE
Author(s) -
S.A. Kutukov
Publication year - 2021
Publication title -
ûridičeskij vestnik dagestanskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2411-0299
pISSN - 2224-0241
DOI - 10.21779/2224-0241-2021-37-1-107-111
Subject(s) - legislation , relation (database) , interpretation (philosophy) , set (abstract data type) , criminal code , work (physics) , political science , law , computer science , criminal law , engineering , data mining , mechanical engineering , programming language
The article is devoted to the improvement of operational-search legislation in the field of organization of operational-search activities in the criminal Executive system, in particular, the grounds and conditions for conducting operational-search activities that restrict the constitutional rights of citizens, as well as their conduct in relation to those sentenced to non-custodial sentences. The main legal and organizational problem is the lack of legal grounds for conducting operational search activities that require court approval when conducting search work and, as a result, the inability to use the entire set of tools and methods for solving crimes, as well as an incorrect interpretation of article 18.1 of the criminal code of the Russian Federation.