Using the Recovered Means of Connection in an Operative Game
Crime detection is one of the primary government means of counteracting crimes in Russia. Despite the importance of criminal proceedings, the practice proves that the major part of criminal intelligence about preparation or commission of a crime is obtained by the law enforcement agencies via certain avenues arranged by special operative divisions. The Federal Law “On Crime Detection” lists 15 operative crime detection measures to obtain and employ the information, document the criminal actions of persons under detection. However, operative detective work, numerous publications, views of the leading scholars in the crime detection fields prove that in conditions of the changing and progressing criminality the corresponding authorities should apply adequate means of detection, documenting and location of criminal activity. According to the laymen, their usage can be compared with interference of citizen’s constitutional rights. Whether it is really so or not is the question for the Constitutional Court of the Russian Federation. Among the decisions made by the Constitutional Court of the Russian Federation on the operative crime detection work there are 250 Acts, the major part of the complaints about alleged actions of the operative divisions found invalid. The paper focuses on the situation related to the use in operative crime detection activity of mobile technical means seized from the criminal suspect, and in this regard the author estimates the court decisions and gives arguments for their approval.