The Principle of Conspiracy in the Operative-Search Activities: Conceptuality VS Declarative
The article deals with the principle of conspiracy in operational-search activities. The purpose of the article is to compare the provisions of the Federal law «On operational search activities» and other Federal laws governing the secret (conspiracy) component of the search, in the context of determining the strategic and tactical significance of the principle of conspiracy. As a result of the comparative analysis, the authors come to the conclusion that the principle of conspiracy enshrined in the Federal law «On operational-search activities» is for it decisive, key, fundamental, but its legal content is not disclosed in the law and requires appropriate regulatory adjustments to enhance its legitimacy, simplicity and accessibility of interpretation. The proposed solution to the identified problem: improvement of the legislation on operational search activities by making appropriate changes and additions to the current law «On operational search activities»; adoption of a new law on operational-search activities or operational-search code; development of a single criminal procedural operational code that combines the tools and techniques of the current Criminal procedural code of the Russian Federation and the Federal law «On operational-search activities».