Problems of legal regulation of operative-investigative support for the security of the Russian Federation

被引:0
|
作者
Semenchuk, V. V. [1 ]
机构
[1] Far Eastern Law Inst Russian Interior, 15 Kazarmenny Per, Khabarovsk 680020, Russia
关键词
operative-investigative activity; operative-investigative measures; security of the Russian Federation; operative-investigative jurisdiction; security threats; national interests; operative-investigative support;
D O I
10.21638/spbu14.2021.413
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The article discusses the problematic issues of implementing operative-investigative activity related to obtaining information on threats to the security of the Russian Federation. According to the author, the main problem is a contradiction in the provisions between the Federal Law "On the operative-investigative activity" with the sectoral legislation regulating the state bodies engaged in operative-investigative activity. First of all, the terminology of the sectoral legislation does not comply with the Federal Law "On operational-investigative activity". Secondly, sectoral legislation does not provide the same degree of protection for all types of security of the Russian Federation. For example, sectoral legislation does not permit operative-investigative activity in order to identify threats to environmental safety. Thirdly, officials of state bodies do not always clearly understand which law to execute. We can conclude that only the bodies of the Federal Security Service and the Federal Guard Service are directly vested with the rights to carry out operative-investigative activity in order to identify threats to the security of the Russian Federation. However, officials involved in operative-investigative activity often do not take into account their operational-search jurisdiction and go beyond their established authority. In order to eliminate this problem, the author proposes to bring the provisions of sectoral legislation in line with the Federal Law "On operative-investigative activity". Another problem that impedes the effective operative-investigative support for the security of the Russian Federation, in the author's opinion, is the insufficiency of specification of security threats as grounds for conducting operative-investigative measures. The author proposes to address in the legislation the most significant threats to the security of the Russian Federation, which can be regarded as independent grounds for implementing operative-investigative measures.
引用
收藏
页码:1017 / 1033
页数:17
相关论文
共 50 条
  • [31] THE AMENDMENT OF THE LEGAL REGULATION OF THE INSTITUTION OF TAX INCENTATIVE IN THE RUSSIAN FEDERATION
    Fedosimov, Boris A.
    [J]. PRAVOPRIMENENIE-LAW ENFORCEMENT REVIEW, 2022, 6 (01): : 88 - 99
  • [32] Some aspects of the legal regulation of medical care in the Russian Federation
    Rep'ev, A. P.
    [J]. ZHURNAL NEVROLOGII I PSIKHIATRII IMENI S S KORSAKOVA, 2013, 113 (03) : 62 - 66
  • [33] Some Aspects of the Legal Regulation of Digital Education in the Russian Federation
    Dmitriev, A. E.
    Ilchenko, V. N.
    Kozhevnikov, O. A.
    [J]. PROCEEDINGS OF THE 2ND INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE - MODERN MANAGEMENT TRENDS AND THE DIGITAL ECONOMY: FROM REGIONAL DEVELOPMENT TO GLOBAL ECONOMIC GROWTH (MTDE 2020), 2020, 138 : 905 - 909
  • [34] LEGAL REGULATION OF CIVIL SERVANT'S ETHICS IN RUSSIAN FEDERATION
    Stepanishev, V. S.
    [J]. VESTNIK PERMSKOGO UNIVERSITETA-JURIDICHESKIE NAUKI, 2010, (03): : 227 - 230
  • [35] Legal Regulation of the Use of Unmanned Aircraft Vehicles in the Russian Federation
    E. Shirokova
    [J]. Journal of Intelligent & Robotic Systems, 2022, 106
  • [36] CRIMINAL LEGAL ENSURING OF SECURITY OF CRITICAL INFORMATION INFRASTRUCTURE OF THE RUSSIAN FEDERATION
    Begishev, Ildar R.
    Khisamova, Zarina I.
    Mazitova, Guzel I.
    [J]. REVISTA GENERO & DIREITO, 2019, 8 (06): : 283 - 292
  • [37] Vital problems of legal regulation of pedagogical activity of educational establishments of the Ministry of internal affairs of the Russian Federation
    Suprunov, A. G.
    Tsvetkov, V. V.
    [J]. LEGAL SCIENCE AND PRACTICE-BULLETIN OF NIZHNIY NOVGOROD ACADEMY OF THE MINISTRY IF THE INTERIOR OF RUSSIA, 2014, 28 (04): : 200 - 203
  • [38] Problems of legal regulation of instruction of foreign citizens at the educational establishments of the Ministry of internal affairs of the Russian Federation
    Suprunov, A. G.
    Tsvetkov, V. V.
    [J]. LEGAL SCIENCE AND PRACTICE-BULLETIN OF NIZHNIY NOVGOROD ACADEMY OF THE MINISTRY IF THE INTERIOR OF RUSSIA, 2015, 30 (02): : 130 - 135
  • [39] PROBLEMS OF VOCATIONAL TRAINING OF EXPERTS ON INFORMATION SECURITY IN THE RUSSIAN FEDERATION
    Kolyada, M.
    [J]. INFORMATION TECHNOLOGIES AND LEARNING TOOLS, 2009, 12 (04)
  • [40] Scientific support of the rice growing industry of the agroindustrial complex of the Russian Federation in solving the problems of food security
    Bagirov, Vugar
    Treshkin, Sergey
    Korobka, Andrey
    Dereka, Fedor
    Garkusha, Sergey
    Kovalev, Victor
    Esaulova, Lyubov
    Kizinek, Sergey
    [J]. INNOVATIVE TECHNOLOGIES IN SCIENCE AND EDUCATION (ITSE-2020), 2020, 210