BASES FOR DIRECTING A REQUEST FOR INTERNATIONAL LEGAL ASSISTANCE IN CRIMINAL CASES
The article analyzes the structure and content of the system of normative legal acts that constitute the basis for sending requests for international legal assistance in criminal cases. The legal basis for the preparation and submission of requests for international legal assistance in criminal cases is the normative legal acts regulating this area and empowering certain state bodies and officials with the authority to direct them. Such grounds include the Constitution of the Russian Federation, generally recognized principles and norms of international law, international treaties, the Code of Criminal Procedure of the Russian Federation, Federal laws on the ratification of international treaties and by-laws that clarify and clarify the provisions of the current legislation. When analyzing the Federal Law of October 25, 1999 No. 193-FZ, which ratified the European Convention on Mutual Assistance in Criminal Matters and the Additional Protocol to it, contradictions with the provisions of Art. 453 of the Criminal Procedure Code of the Russian Federation. Firstly, the current criminal procedural law gives the Investigative Committee of the Russian Federation the authority to send requests for procedural actions in criminal cases that are being processed by this body of preliminary investigation. Secondly, the Criminal Procedure Code of the Russian Federation does not contain provisions that if an order requires the approval of a court or a prosecutor, then such orders are sent not to the Ministry of Internal Affairs of the Russian Federation, the FSB of the Russian Federation, whose bodies and officials are investigating, but by the General Prosecutor's Office of the Russian Federation. We believe that these conflicts should be eliminated by bringing Federal Law No. 193-FZ in line with the new system of preliminary investigation bodies and the wording of Art. 453 of the Criminal Procedure Code of the Russian Federation. Until the legislator resolves this contradiction, law enforcement officers have the right to take into account the general legal principle of resolving conflicts between normative legal acts that have the same legal force (“the later law cancels the earlier one”) and act in accordance with the norms of the Code of Criminal Procedure of the Russian Federation.