Legality of decisions taken by the subjects of operational and investigative activities: on the question of the legal nature
The article deals with the problem of determining the legal nature of the decisions taken by the bodies engaged in operational investigative activities. Stating the amorphousness in the relevant scientific research, the author refers to the doctrinal ideas about the essence of legality in the field of operational and investigative activities. On the basis of a critical analysis of the provisions set forth in the most cited dissertations, monographs, textbooks, as well as in the comments to the Laws of the Russian Federation "On the Prosecutor's office of the Russian Federation", "On operational investigative activities", a number of judgements are put forward. It is stated that the rule of law is a social and legal phenomenon, which can be considered to be a principle, a method or regime. Legality as a phenomenon develops and changes together with society, law and the state. Understanding and interpreting the rule of law often does not take into account the conceptual shifts in the architectonics of legal regulation that have occurred in post-Soviet Russian legislation. The author comes to the conclusion that the modern conditions for the implementation of operational and investigative tasks dictate the urgent need to clarify and even revise the essence of legality by moving from a narrow to a broad understanding of its legal nature. In particular, preference is given to the legal approach, which implies subordination of the rule of law to higher legal principles and ideals, for example, justice.