PROBLEMS OF CARRYING OUT OPERATIONAL-SEARCH ACTIVITIES IN INSTITUTIONS AND BODIES EXECUTING PUNISHMENTS

Abstract

Operational-search activities in institutions of the penitentiary system are the most important tool for ensuring the regime of serving sentences, preventing offenses and solving crimes in closed penitentiary institutions. The specifics of the functioning of correctional colonies and pre-trial detention centers, characterized by a high concentration of persons prone to unlawful behavior, impose special requirements on the legal regulation of operational-search measures and the practice of their application.

There are a number of significant problems requiring legislative resolution: inconsistency between the Criminal Executive Code of the Russian Federation and the Federal Law «On Operational-Search Activities» in terms of determining the tasks of operational-search work, as well as the lack of clear grounds in the law for conducting operational-search measures in identifying malicious violations of the detention regime that create conditions for committing crimes.

Therefore, it is required to amend part 1 of article 84 of the PEC of the Russian Federation by supplementing the list of tasks of operational-search activities with an indication of the suppression of crimes, as well as the identification, prevention and disclosure of malicious violations of the established procedure for serving sentences that create the prerequisites for committing criminal offenses. The implementation of these proposals will ensure uniformity of law enforcement practice, increase the effectiveness of operational-search activities and will help strengthen the rule of law in penitentiary institutions.