Some Legal and Organisational Fundamentals of Undercover Operation Active Search Measure in Illegal Drug Trafficking Countering

Purpose: based on the analysis of the legal and organizational foundations of the operational investigative event "operational implementation", to reveal the essential feature of operational implementation; to show the importance of compliance with the conditions established by law for its implementation and to reveal some legal mechanisms for recognizing drug trafficking as legitimate during operational implementation in order to combat drug trafficking. Research methods: comparative legal, dogmatic, analysis of judicial practice, description. Conclusions: it is substantiated that the main essential feature of operational implementation is the permission to commit, in cases provided for by law, by the person being introduced as part of a drug community or in a personal capacity, acts in order to complete a task that objectively (formally) fall under the signs of acts provided for by a Special part of the Criminal Code of the Russian Federation. An obligatory sign of the legality of operational implementation, the conduct of which is objectively associated with a violation of a criminal law prohibition, is a resolution approved by the head of the body carrying out operational investigative activities. Scientific and practical significance: the possibility of using as a legal basis the recognition of acts committed by an embedded person as part of a drug community or in a personal capacity in order to complete a task, the provisions of legislation on necessary defense, on narcotic drugs and psychotropic substances, on the status of military personnel, on service in internal affairs bodies and on service in the penitentiary the system, as well as active repentance.