Information on preparation for a crime as a basis for conducting operational investigative activities

Taking into account the doctrine of an unfinished crime, the limits of legality of conducting operational-search activities are determined on the basis of information about the signs of an unlawful act being prepared that has become known to the bodies carrying out operational-search activities, provided that there is insufficient data to initiate a criminal case. It has been established that, having confirmed the information about a person preparing to commit a crime of minor or medium gravity, further operational-search activities are illegal, since these actions are not recognized as criminally punishable, and therefore do not create the need to solve the tasks of operational-search activities. The author has found that one of the legislatively provided forms of prevention by operatives of a possible occurrence of socially dangerous harm, by persons creating conditions for committing crimes of minor or medium gravity, is the announcement of an official warning about the inadmissibility of such actions.

Authors

Publication Details

Journal
Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Published
2024-12-23
DOI
https://doi.org/10.36511/2078-5356-2024-4-212-217
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
Field-Weighted Citation Impact
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article

Information on preparation for a crime as a basis for conducting operational investigative activities

Dmitriy Kuklin
Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
Ukrainian Legal and Forensic Studies
article

Information on preparation for a crime as a basis for conducting operational investigative activities

Dmitriy Kuklin
article en

Abstract

Taking into account the doctrine of an unfinished crime, the limits of legality of conducting operational-search activities are determined on the basis of information about the signs of an unlawful act being prepared that has become known to the bodies carrying out operational-search activities, provided that there is insufficient data to initiate a criminal case. It has been established that, having confirmed the information about a person preparing to commit a crime of minor or medium gravity, further operational-search activities are illegal, since these actions are not recognized as criminally punishable, and therefore do not create the need to solve the tasks of operational-search activities. The author has found that one of the legislatively provided forms of prevention by operatives of a possible occurrence of socially dangerous harm, by persons creating conditions for committing crimes of minor or medium gravity, is the announcement of an official warning about the inadmissibility of such actions.

Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of RussiaVol. 2024(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 61%
Ukrainian Legal and Forensic Studies
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