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In what places is it forbidden to conduct a survey of citizens. Poll as an ORM. Types of survey

^ Study of objects and documents (Clause 5, Part 1, Article 11)

Item research involves initial study and, if necessary, fixation their general appearance, general signs of individual characteristics (defects, damage or other traces). A study of the documents reveals their features that give them subsequently the value of material evidence, and in relation to written documents, the circumstances and facts certified by them or set forth in them are established that are relevant both for solving the tasks of the internal affairs department and for conducting an investigation in the case.
The study of documents as ORM can consist in comparing various copies of accounting documents with each other to identify possible inconsistencies in their content ( the so-called counter check of documents ) Comparison of the content of consolidated documents with specific documentary materials may also indicate the presence of discrepancies between them ( mutual control method ) A visual examination (inspection) of a document prior to its expert evaluation may reveal signs of cleaning up, making changes to the content of the document, inconsistency of the personality of the person presenting it, etc.

Under the document you should understand the material object, executed in handwritten, typewritten, printing method, fixing information using film, photo, video, photocopying or other way of reflecting information on which actual data, information is recorded using signs, symbols or other elements.

A study of objects and documents seems permissible both at their location, and in the office premises of law enforcement agencies, expert institutions.

It depends on the nature and complexity of the study. For example, to determine if there is a trace of blood or another substance, it is enough to apply hydrogen peroxide to the stain. With such a study, it makes no sense to seize the item from its location if the presence of a trace of blood on the item is not confirmed. It should be noted that to research means to subject to special (scientific) study . Therefore, the study of objects and documents without the involvement of specialists, i.e. knowledgeable individuals like ORM is hardly possible. The general knowledge of the investigators, even in the branches of science and practice adjacent to the ARD, does not, for example, make forensic scientists, especially since there are many different specialists among the latter. Therefore, in most cases, the study of objects and documents without the involvement of specialists, as well as with the involvement of other officials and individual citizens, if they are not knowledgeable in a certain field of science, technology, art, craft, etc., makes no sense.
Conducting research on objects and documents by forensic services of law enforcement agencies, as well as specialists from research institutions of other ministries and departments, including on behalf of the ORO, in itself does not form the considered ORM. Such a study is only a consequence, a continuation preliminary inspection of the subject, document, substance, its preliminary assessment and in case of doubt or the identification of signs indicating material traces of the crime or the offender, they allegedly served as instruments of crime or retained traces of criminal activity, i.e. actions that characterize the study as ORM. Otherwise, the difference between the study of objects and documents (like ORM) and their expertise will consist only in the procedural order of its implementation, the presentation of the results.

Forms of ORM can be vowels and unspoken.

Have features conditions and procedure for processing the results of the study of objects and documents as ORM .

If standardized research methods are available (for example, determination of a narcotic drug using rapid analysis), the ORM does not require the sanction of the head of the corresponding ORO and is carried out by decision of the operative. To attract specialists to the implementation of ORM, the investigator reports on the need to study objects and documents to the head of the ORO with a motivated report, on the basis of which written task (attitude) on the production of research by relevant specialists, which is approved by the head of the ORO. It necessarily raises questions of interest to the initiator of the ORM. If necessary, information is also provided on the circumstances of the receipt of objects and documents to the extent permitted by the requirements of conspiracy.

If the study of objects and documents is entrusted to an individual citizen, then accompanying documents are not required.

The data obtained are documented by a certificate (memorandum reference), an operative report, an act. A study of objects and documents conducted in other institutions is documented by departmental regulatory legal acts of the relevant executive authorities ( conclusions, acts of examination, acts of research).

If the study of objects and documents is carried out in stage of criminal proceedings in order to obtain data on the signs of a crime necessary for making a procedural decision, such a study refers to the verification action regulated by the CPC.

The difference between the study of objects and documents as ORM from research as one of the verification actions at the stage of initiating a criminal case, it consists in the method of obtaining objects for research. If the samples were obtained during the ARD, then their study is the content of the ORM.

^ Observation (Clause 6, Part 1, Article 11)

Observation is an ORM aimed at obtaining operational-search or other legally relevant information by direct or indirect, using technical means, visual and (or) auditory control of individuals or other objects, regardless of the place of its conduct, provided that the observers are legally located in indicated location.
Observation involves visual, electronic or integrated monitoring, control and (or) recording of actions, events, facts, situation in order to obtain information about signs of criminal activity, observational connections, travel routes, storage location of the stolen and other information necessary to solve the tasks of the ARD.

Objects of observation there are people, their external signs, both static and dynamic, external manifestations of their emotional state, character, temperament, skills, etc .; their actions, including those forming signs and methods of preparation, commission and concealment of crimes; their transport and places of residence, pastime. The objects of observation can be phenomena and events, including experimentally induced ones, their results, and the process of trace formation.

Observation can be either direct or indirect. At direct during observation, the official personally perceives the object and information about the object comes to him without intermediate links. Indirect observation involves the perception of information through other persons who provide information about the observed person or event. Indirect observation is carried out using oRO facilitators , and special forces specializing in conducting the considered ORM.

With the involvement of special units employees in the ORM, the initiator operative compiles mission approved (appendix) approved by ATS managers of the appropriate level.

The task shall indicate: the location of the facility, its mode of operation, events occurring at this facility and which may be of operational interest, the tasks to be solved and the timing, as well as other information of operational interest.

In that case, if additional information is required that is not included in the task, a separate reference (explanatory note) , which, together with photographs of the person to be observed, is attached to the task.

In urgent cases (a person subject to covert surveillance does not have a permanent place of residence, is a touring criminal, intends to commit a crime, as well as in cases of manifestations of organized crime and the use of security measures, when this is not enough time to check the operative) surveillance can be started orally the agreement between the head of the internal affairs department, who has the right to approve the assignment, and the head of the operational units serving this body, with the subsequent assignment of the task to the operational unit within 24 hours . On such an assignment is marked "urgent."

In the process of visual observation, cinema, photo, video equipment, as well as audio recording means, hardware for auditory monitoring of conversations of the observed can be used.

A simple observation does not require the approval of the head of the ORO, and is carried out by decision of the operative. Observation entailing restriction of the constitutional rights of citizens is allowed solely on the basis of the sanction of the prosecutor.

Covert surveillance and intelligence work is carried out during five days with an extension of ORM for another five days. In the future, monitoring is carried out at the same time every time according to the report of the head of the ATS - the initiator with the justification of the decision. A new job is not required here.
The frequency of observation may not exceed six months.
The term may be extended to one year by the prosecutor of the region and the city of Minsk
Until one and a half years, the deputy prosecutor and the prosecutor of the republic.
Renewal deadlines reasoned decision approved by the head of the police department, after which a new task is drawn up.

ABOUT termination The ORM is also ruled.
Observation ceases:

expiration of the established period of its holding;
when solving the issues specified in the assignment;
the detention of persons being developed (verified) in the act.

The results of the observation are recorded in the operational-search documents I, as well as with the help of film, photo, video, audio and video recordings of the observed objects. In the final operational and service | the document reflects (in chronological order) the development of the observed event, the contacts of the observed person with other persons, and other circumstances.

The solution to the problem of using the results of observation in the criminal procedural evidence depends to a large extent on whether it was carried out directly by the operative or the confidential. The investigator often personally observes actions related to circumstances relevant to the criminal case. Interrogation as a witness is possible.

^ Identification of a person (Clause 7, Part 1, Article 11)

Identification of the person is an ORM, which consists in secret identification and establishment of identity of a person by signs of appearance and behavior, left behind traces and vital products.
The specified ORM assumes non-procedural (operational) identification of an object (persons) in his mental image in the consciousness of the identifying person passing through the case (witness, victim), or the person who declared the disappearance of the wanted person or other persons familiar with the recognizable. It also implies the use of forensic identification methods. In particular, such identification is possible by identifying fingerprints, blood, hair, saliva and other signs.
Identification of persons preparing, committing or having committed a crime is carried out by means of:

secret identification by signs of their appearance and other signs;
information retrieval in operational investigative, preventive and forensic records;
research of objects, documents, biological objects, photographs, video and sound recordings.

Identification can be carried out by set of general and individual features of the object . Such identification can be realized analytically. Identifying (identifying) mentally identifies individual characteristic features of the object, and then forms on their basis the general image of the identified. Identification is possible according to the general image of the object, without an analysis of its characteristics, followed by an indication of the signs by which the object was identified.
Identification is possible by external anatomical and functional signs of a person, including voice and speech, special signs (scars, tattoos, speech defects, physical disabilities). Identification can be carried out both by direct visual perception of the identifiable, and by photographs, videos, phonograms.
Object of identification there can be both specific persons suspected of committing a crime, wanted, and persons with signs of appearance (signs) of persons of operational interest.

The subjects of the considered ORM there may be operatives themselves, as well as persons involved in the identification of individuals who have information about the identifiable (identifiable) person, as well as confidants and specialists . Cynologists can be involved in this ORM for the use of service dogs when identifying individuals by smell traces taken from the crime scene.

Personal identification maybe and a person who did not personally perceive signs of the object’s appearance, including video, film, and photo images, but it has descriptive information about the individual identifying (search) features of the face (according to the method of verbal portrait). This is possible, for example, in a situation where the victim has reported external signs of the attacker, but due to his physical condition he cannot participate in ORM.

Depending on the available information about the identified person, the participation of persons involved in its conduct, the time, place, and method of conducting the considered ORM are determined. Based on this, the ORM can be carried out both in the premises of the ORO, or in the institution, the representative of which is a specialist involved in the event, and in the place of the likely occurrence of the identifiable.

Among the essential features of this ORM classified identity taciturn , her the absence turns this ORM into an investigative action or even into the ordinary everyday recognition of a person by his acquaintances.

The most common identification actions are secret presentation to the victim, an eyewitness to the crime of the person being developed, presentation for identification photos, photobot, hand-drawn portrait, unidentified corpse . Identification involves actions such as disguised patrol with a victim or an eyewitness in places of the possible appearance of the offender.

The said ORM may relate to the identification of the person not only involved in the crimes committed, but also victims .
The data obtained as a result of identification of the person can be issued a certificate, a report, a summary, an act of identification, a confidential message, an explanation of the citizen - participant of the ORM or a statement of the citizen with the application of audio, video, photographs on which the process of the event is recorded or used in its implementation.

The results of personal identification, regardless of the nature of the documentation, can only be used as relevant to the search for evidence, to determine the ways, directions , but not as evidence that may acquire probative value.

^ Inspection of premises, buildings, structures, terrain and vehicles (Clause 8, Part 1, Article 11)

Inspection of premises, buildings, structures, terrain and vehicles is an ORM, consisting in direct or indirect (using technical means) visual inspection and study (research) of these objects in order to identify persons, facts and circumstances that are relevant to solving problems Horde.
The considered ORM involves the inspection of premises, buildings, structures, terrain and vehicles personally by an official of the ORO, or on his behalf (request) by a confidant, an official who has the right to enter these objects or by the nature of activity associated with such objects (traffic police officer , employees of the state fire service, employees of housing maintenance organizations, etc.), in order to detect objects, documents indicating signs of criminal activity, receive inf rmatsii needed to solve the problems of the OSA.

A survey is a specific process that includes both the inspection of objects, and the search for the instruments of crime, objects and valuables obtained by criminal means, documents, substances and other objects, as well as the establishment of facts that may be of importance for the implementation of the ARD and the investigation of the criminal case. The ORM under consideration from the content side can be limited only to the inspection of these objects.

Examination can also be carried out to detect wanted persons, corpses, detection of caches, traces of criminal activity .

The legislator connects the conduct of the considered ORM with specific objects which are premises, buildings, structures, terrain and vehicles.

Under premises it should be understood part of the residential, administrative office, industrial building, facilities, designed to accommodate people or wealth. It can be either constant or temporary (e.g. inflatable hangar, tarp tent, tent), as stationary like that traveling.

Under housing we mean an individual residential building with residential and non-residential premises included in it, a residential building, regardless of the form of ownership, included in the housing fund and suitable for permanent or temporary residence, as well as another building or structure not included in the housing fund, but intended for temporary residence . This can be a private house, apartment, room in a hotel or dormitory, a summer house, a garden house, a prefabricated house, a change house or other temporary structure specially adapted and used as housing for the construction of railways, other structures, in survey parties, in hunting etc.

The dwelling does not include outbuildings, cellars, barns, garages and other premises, separated from residential buildings and not used for people. The compartment of a train, the cabin of a motor ship cannot be assigned to a dwelling, even temporary, since the train and motor ship are vehicles.

Buildings and constructions represent the erected construction objects, a complex of premises, for various purposes (household, industrial, cultural, domestic, etc.).

Under terrain it should be understood land regardless of ownership, purpose and use.

TO to vehicles include cars, trams and other mechanical vehicles.

Under these are understood:

Trolley buses

Tractors, other self-propelled vehicles (graders, bulldozers, scrapers, pavers and other road vehicles),

Motorcycles and other mechanical vehicles (motorized carriages, mopeds) equipped with an internal combustion engine or electric motor, the movement of which is regulated by the Rules of the road.

Vehicles should include air, sea, river transport vessels, as well as railway rolling stock .

Conducting a survey of the terrain (inspection and finding objects) in household plots, gardens, garden plots, etc., i.e. on land in private use or possession is made openly, with the consent of the owners or owners, or behind the scenes or encrypted .

Vehicle Inspection consists in examining it from the outside and from the inside (for example, the interior of the car, its body, underbody, cab, etc.). Doors, engine parts, tires, body and passenger compartment walls, license plate parts, etc. can be inspected. Cargo and other objects that can be found in the vehicle can be examined. Objects (places) of inspection are determined based on the objectives of the survey, the nature of the items being searched, etc.

Inspection of premises, buildings, structures consists, as a rule, in the inspection of their internal part for the detection of objects, substances and (or) traces found.
In the event that the conditions of the examination entail a restriction of the constitutional rights and freedoms of man and citizen (examination of the home), two groups of conditions are distinguished: general terms and conditions characteristic for emergency examination.

Generally binding conditions the survey is the availability sanctions of the prosecutor (Part 2 of Art. 13 of the Ord); special information (Part 2 of Art. 13 of the Ord); documented oRO completed task .

Terms and conditions emergency examination dwellings are:

Firstly, the presence of a case that is urgent and can lead to the commission of a grave or especially grave crime or data on events and actions that pose a threat to the security of the Republic of Belarus, as well as a reasoned decision by the head of the ORO;

Secondly, the mandatory notification of the relevant prosecutor or his deputy about the conducted ORM within 24 hours,

Thirdly, within 48 hours from the beginning of the ORM, obtaining the sanction of the prosecutor to conduct an examination by the body conducting it.

Is not violation the inviolability of the home conducting the considered ORM associated with entry into it with consent at least one of the persons living in it, or in their absence with permission and in the presence of the administration hotels, sanatoriums, rest houses, boarding houses, campsites, tourist camps, other similar institutions, if such ORMs are not related to finding, inspecting things, property belonging to persons permanently or temporarily residing in them, and if representatives enter the premises in their absence The administration is provided for by the rules of stay (residence, internal regulations) or the terms of the contract (cleaning, repair of plumbing equipment, etc.).

When detect during the ORM objects and substances , taken out of civilian traffic, measures are being taken to preserve them until public measures are taken to remove them or to secretly control their movement and distribution. If necessary, can be taken samples (samples) discovered objects, means or substances.

The holding of vowels, criminal procedure and other measures cannot be delayed in case of detection bombs, shells, mines, explosives, explosive devices, as well as radioactive, chemical and other objects that pose a danger to others.
The subjects of ORM can be:

Personally operational officer

Freelancer

Confidential

Company employee, lead, organization

Covert inspection of the home and other legal possessions of citizens is carried out with the involvement of employees of the units of the ARD. It is carried out on the instructions of the operative which indicates:

grounds for conducting this type of examination;
installation data on the person in relation to whom the ORM is carried out;
data on persons cohabiting with the developed (verified) person;
place and time of the ORM;
tasks to be solved in the ORM process, etc.

Based on the results of the inspection, an act is drawn up in the form approved by the federal executive body authorized in the field of customs. The second copy of the specified act is handed over to the person whose premises or territories were inspected.

The results of a secret inspection of the premises, another object, are documented in the form references operational worker. The certificate notes that it was possible to detect during the examination:

The signs (or obvious traces) of a crime and other circumstances that are relevant to the detection and disclosure of a crime recorded using operational-technical means,

Use of video and audio recordings, film and photography,

The use of special chemicals (labeling agents), etc.

The certificate itself cannot be used in criminal procedural evidence as a “different document” in the meaning attached to this concept in the CPC. As for the data recorded in the technical media, the theory and practice of the criminal process does not exclude the possibility of converting them into evidence, subject to the relevant requirements of both the CPC and W about the ARD.

The question of the possibility of using the results of a home examination in criminal procedural evidence can arise only if criminally significant data are obtained using film, video, other technical means or as a result of the seizure of objects (documents).

^ Control of postal items, telegraphic and other messages (Clause 10, Part 11)

Control of mailings, telegraphic and other messages is an ORM, carried out with the sanction of the prosecutor and consisting in the secret selection and study of mailings, telegraphic, telefax, telephone messages in order to obtain information of interest for solving the tasks of the ARDS in the institution (enterprise) of departure and receiving correspondence.
According to the formulation of the legislator, control of mail, telegraph and other messages includes two components: actions on control and subject such control.

The considered ORM from the content side is to identify, detect, verify the contents, study the contents of the information, track the movement of these items and messages. In a generalized sense, control implies illustration (view) correspondence and tracking its movement.

Under postal items it is understood addressed written correspondence, parcels, direct mail containers. Written correspondence includes simple and registered letters, postcards, parcels and small packets.

Telegraph message - this is information transmitted over electric communication networks in the form of signs, signals, written text.

TO other messages for example, information may be included, the presentation and transmission of which is allowed together with the postal order, as well as messages received from the sender in paper or magnetic medium for electronic transmission and delivered to the addressee reproduced in physical or electronic form (sending e-mail). Such messages are delivered to the addressee in sealed form as a written correspondence.

The subject of control can only be correspondence. coming from specific individuals or addressed to specific individuals. Correspondence arriving at or proceeding from a specific address can be controlled only if the relevant person of operational interest permanently or temporarily resides or hides in the address.

Inspection and opening of mail, inspection of their attachments, as well as other restrictions on the secrecy of communications are allowed only on the basis of the sanction of the prosecutor.

The Secret of Communication compiles information on address data of users of postal services, postal items, postal money transfers, telegraphic and other messages included in the scope of activities of postal operators, as well as these postal items, remitted money, telegraphic and other messages.

Subjects of the holding. The considered ORM is carried out by officials of the ORO OVD, the KGB or specialized units of these ORO. Employees of communications enterprises may be involved in conducting ORM. The opening and control of postal items (correspondence) is carried out by officials of the indicated ORO. In case of detection of items and substances prohibited for shipment in postal items, postal organizations, irrespective of the performance of ORM, have the right to delay such postal items.

Duration of control of mail, telegraph and other messages may be up to 6 months from the date of receipt of the sanction or not be limited to such a period, but, for example, be of a one-time nature when there is reliable information about the receipt or sending by the object of the ORM of the indicated item or message.

If necessary, copies may be taken from the indicated items, photographs taken, video recordings of the contents, handwritten forms filled out by the sender may be taken, samples (samples) of objects and substances taken, fingerprints taken, sweat secretions selected, etc.

Control over the movement and content of items similar to unofficially transmitted mail items does not form the considered ORM, which limits the constitutional right to privacy of correspondence. Such cases include, for example, secret correspondence between prisoners and the use of other prisoners to transfer information from one place of deprivation of liberty to another or from cell to cell, as well as using various devices to move notes or letters.

Censorship of convicts correspondence does not form ORM , and is a measure of administrative control over their correspondence.

§10. Listening to telephone conversations (Part 1, Clause 11, Article 11)
Telephone Tapping (PTP) - this is ORM, carried out on the basis of the sanction of the prosecutor using special technical means and consisting in auditory monitoring, as well as recording the conversations of individuals (monitored, developed) conducted via telephone communication lines.

PTP consists in secret monitoring of voice communication, carried out by means of wired and wireless telephone communication, by connecting enterprises, institutions or communication organizations to the station equipment or to a wired communication line or scanning the radio signal of the telephone of the listening object. PTP assumes control of negotiations of both subscribers , reception by using a connection or scanning a radio channel.

Depending on the method of listening, the use of technical means of PTP can be carried out both independently ORO OVD, KGB, and with the involvement (use) of the capabilities of enterprises, institutions, organizations providing services and communications.

Telecommunications companies, telecom operators, regardless of departmental affiliation and ownership, operating in the territory of the Rep. Belarus, in the development, creation and operation of communication networks, are required in accordance with the legislation of Rep. Belarus to provide assistance and provide ORO, the possibility of conducting anti-TB drugs on communication networks, as well as taking measures to prevent the disclosure of organizational and tactical techniques for conducting anti-TB drugs.

PTP is carried out on the basis of sanctions of the prosecutor or based on a reasoned decision, issued by the head of the ORO , in urgent cases that may lead to the commission of a grave or especially grave crime, as well as the availability of data on events and actions that pose a threat to state, military, economic or environmental security Rep. Belarus, as well as in the event of a threat to life, health, property of individuals - at their request or with their consent in writing.

The subject of listening can only be negotiations conducted from the phones of specific individuals or located at a specific address where he lives (permanently or temporarily), can hide from where or where the relevant person can call - the object of the event. Listening is allowed only in relation to persons suspected or accused of committing grave or especially grave crimes, as well as persons who may have information about these crimes.

The legislator identifies three categories of objects of the event to listen to telephone and other conversations. it accused, suspects) and persons who may have information about serious or especially serious crimes.

According to the criminal procedure legislation, phonograms obtained as a result of anti-terrorist operation are stored in sealed form under conditions that exclude the possibility of listening to them and replicating by unauthorized persons. In addition to the official interests of the ORO, this is due to the fact that such phonograms may be used in criminal proceedings as physical evidence,if they contain data that can serve as a means of detecting a crime, establishing the factual circumstances of the case, identifying the perpetrators or refuting the charge or mitigating responsibility.

However arises the need for a series of examinations in order for the phonogram to be recognized as physical evidence . For this, it must be genuine, not a copy, contain the full text, and not its parts, i.e. should exclude doubts about its installation. The established procedure for storing such a phonogram excludes the possibility of spoofing a recording, its falsification, bringing it into a state unsuitable for conducting an expert investigation, and also ensures the observance of human rights and freedoms in the course of an ARD.

An anti-terrorist operation must be distinguished from monitoring and recording negotiations as an investigative action, which is carried out on behalf of the investigator and in accordance with the sanction of the prosecutor. Such an investigative action can only be carried out by inquiry bodies authorized to carry out a similar ORM.

The said investigative action may be carried out, in particular, if there is a threat of violence, extortion and other criminal acts against the victim, witness or their relatives and is allowed upon written statements of the indicated (or in the absence of such statements - on the basis of the sanction of the prosecutor.
§eleven. Removing information from technical communication channels (part 1, clause 12, article 11)
The removal of information from technical communication channels is an ORM, carried out on the basis of a prosecutor’s sanction using special technical means and aimed at secretly monitoring and recording open information transmitted by verified (developed) persons via technical communication channels (teletype, computer networks, etc.). )

The considered ORM within the meaning of the legislative norm includes actions to identify and record operatively significant information and the presence of an object or object from which such information is removed is a technical communication channel.

Based on the fact that the legislator has not defined the content of information withdrawal, such an operation (action) may include technical channel scanning, radio interception, copying and other actions with subsequent fixation of information on magnetic, text (paper), electronic media.

To technical telecommunication channels are used to transmit and receive signs, signals, written text, images, sounds using technical means via wired, radio, and other electromagnetic systems.

Removing information from technical communication channels includes control and fixation , using special technologies, telegraph facsimile data transfer and other types of documentary messages, the exchange of information between computers, as well as information transmitted via paging and other types of radio and wire channels.

Employees of enterprises, organizations whose technical channels and means of communication are used to take information, and also can be independently conducted by specialized operational units of the Department of Internal Affairs and the KGB using special technologies, technical and hardware, can be involved in conducting the ORM under consideration.
§ 12. Operational implementation (part 1 p. 13 p. 11)
Operational implementation- this is ORM, based on the conspiratorial entry of a staff member of the operational unit or confidant into the criminal-criminogenic environment or on relevant objects, obtaining information about persons, facts and circumstances of operational interest, in influencing people and otherwise conspiring to participate in the decision or to facilitate the decision tasks of the horde.

The considered ORM can be a one-time (completed) event or a specific process, a system of organizational, tactical, reconnaissance and search measures carried out mainly by unwritten forces, means and methods, the choice of which is dictated by the specific circumstances and tasks of the ARD. With this in mind, for example, a survey, observation, operational experiment can be considered as its auxiliary elements, components of the preparation of operational implementation or intelligence and search activities of the implemented entities.

Operational implementation should be considered not only as a process of input, penetration in order to collect information, but also as an intermediate or final result in the form of fixing on the object of implementation; gaining access to information of interest to the operative as a subject of the horde; the creation of circumstances conducive to the receipt of information by embedded persons; their search and intelligence activities; identifying individuals and facts of operational interest; establishing contact (trust) with identified individuals; collecting operational information, conducting other activities in order to solve the tasks of the ARD.
The objects of operational implementation may include individuals who are reasonably suspected of preparation or involvement in the commission of crimes; housing estates, areas with difficult criminogenic or criminal conditions; economic objects affected by crime, other institutions, organizations, regardless of ownership.

Direct participants in operational implementation there can be both ORO officials and confidants.

The considered ORM is carried out on the basis of the decision, which is approved by the head. The decision should justify the need for operational implementation, the tactical plan of the ORM, the role and task of the person being introduced, his line of conduct, measures to ensure security and conspiracy, and also provide other data justifying the legitimacy and admissibility of the actions of the ORM participant.

Based on this, subsequently, if necessary, an assessment is given and the issue of the absence of signs of a crime in the actions of the introduced person is resolved.

Obtaining by the person introduced by the criminally significant information relevant to the collection of evidence of a crime (s) by the developed persons and their exposure. But regarding the input of this information in a criminal case, the same problems arise as when data were received by operatives or confidants when observing criminally significant events and facts. It is also necessary to keep in mind that in cases when it is necessary to make public information related to the introduction of a person into a criminal environment, his consent is written in writing.

^ Auditory control (Part 1, Clause 9, Article 11)
Auditory control is the receipt and recording of acoustic information in rooms, structures, vehicles and in the field to solve the problems of the ARD.

Two types of it are distinguished: auditory monitoring using stationary, covertly installed technical means for receiving and recording speech information, managed by employees of the emergency control units from temporary control points (measure No. 1), and auditory monitoring using hidden technical equipment (most often tape recorders, voice recorders) and recording voice information. The second type of auditory control is organized and implemented by operational staff on their own.

Condition of this ORM : sanction of the prosecutor.

Auditory control (measure No. 1) is both a complex and complex operational-search measure. Its implementation is preceded by joint preparatory work of interested parties, which is carried out within 15 days from the receipt of the assignment in the unit of the ARD. In the auditory audit task, the following are indicated:

Event number and grounds for holding;

Installation data on the person in respect of whom the operational-search measure is being held;

Data on persons cohabiting (working) with the developed person in the same room;

Location of the premises subject to auditory control;

Data on the neighbors with whom the person being developed, his family members maintain the closest relationship;

Preparatory work for this type of auditory control includes:

Studying and evaluating the operational search materials available for the developed person, including archival materials;

Collection at the place of residence and work of the developed person of additional information necessary for the successful completion of the task;

Study of the place of residence of the person, the conditions of his residence, the number and location of rooms, the internal situation;

Obtaining information about the marital status of this person, the composition of his family; the study of locking devices, the possibility of obtaining from them molds (duplicate keys), finding a security alarm;

Collection of information on the location of apartments (premises) adjacent to the controlled room, on the composition of families of neighbors, their mode of operation, the nature of the relationship with the developed one;

Studying information about the whereabouts of the institutions (organizations, enterprises) at which he works, the mode of their work about the presence of official (personal) vehicles;

- establishing the possible awareness of the developed person, his relations about the basics of operational-search activities.

The preparatory phase ends with the development of a plan for the operational support of auditory control, drawn up jointly by the operational initiator and the team leader of the ARD unit performing the task.

After completion of the preparation for the ORM under consideration, an entry into the room is subject to auditory monitoring. For this purpose, the initiator provides: observation by the forces of the operational-search activity unit or by the forces of the internal affairs body of the person in respect of whom auditory monitoring is carried out, by members of his family, neighbors with whom the family of the person being developed maintains the closest relations; cover of the penetration group to take measures to prevent unplanned entry into the premises subject to control by unauthorized persons during the work. In the event of extreme situations, the operatives included in the cover group and the employees of the operational-search unit included in the penetration group act in accordance with the operational support plan and the legend previously developed by this plan.

In the process of auditory control, the initiator and the performer exchange information in order to successfully conduct this ORM and timely implement the received operational-search data. The exchange of information is agreed upon by the parties in advance. The removal of technical equipment from the controlled premises is carried out in accordance with the operational support plan within twenty days after the termination of the operational-search measures.

The study of objects and documents is an ORM conducted with the involvement of specialists, i.e. knowledgeable persons with the scientific, technical and other special knowledge necessary to study these material objects in solving problems of the ARD.
The OPM under consideration involves subjecting objects and documents to scientific study, conducting research outside the framework of the criminal process or examining them to find out signs of criminal activity, studying the contents of documents, comparing them with other documents to establish certain evidence.
A study of objects and documents can be carried out to determine the state, to detect signs and properties that are important for solving problems of the ARD.
The study of objects involves an initial study and, if necessary, fixing their general appearance, common signs
and individual features (defects, damage, or other marks). An examination of the documents reveals their attributes that give them the value of material evidence, and with respect to written documents, the circumstances and facts stated therein are established that are relevant both to solving the tasks of the ARD and to conducting an investigation in the case.
The study of documents as an OPM may consist in comparing various copies of accounting documents with each other in order to identify possible inconsistencies in their content (the so-called counter-verification of documents). A comparison of the content of consolidated documents with specific documentary materials may also indicate the presence of discrepancies between them (mutual control method). A visual examination (inspection) of a document prior to its expert evaluation may reveal signs of erasure, making changes to the content of the document, a mismatch between the identity of the person presenting it, etc.
A document should be understood as a material object, executed in handwritten, typewritten, printing method, recording information using film, photo, video, photocopying or other way of reflecting information on which actual data, information is recorded using signs, symbols or other elements.
A study of objects and documents seems permissible both at their location, and in the office premises of law enforcement agencies, expert institutions.
It depends on the nature and complexity of the study. For example, to determine if there is a trace of blood or another substance, it is enough to apply hydrogen peroxide to the stain. With such a study, it makes no sense to seize the item from its location if the presence of a trace of blood on the item is not confirmed.
It should be noted that to investigate is to subject to special (scientific) study. Therefore, the study of objects and documents without the involvement of specialists, i.e. knowledgeable individuals like OPM is hardly possible. The general knowledge of the investigators, even in the branches of science and practice adjacent to the ARD, does not, for example, make forensic scientists, especially since there are many different specialists among the latter. Therefore, in most cases, the study of objects and documents without the involvement of specialists, as well as with the involvement of other officials and individual citizens, if they are not knowledgeable in a certain field of science, technology, art, craft, etc., makes no sense.

In the course of the OPM under consideration, scientific, technical or other special information can be obtained, which, although it is not its goal, but, as practice shows, often contributes to solving the problems of the ARD.
The current departmental normative acts contain instructions prohibiting the inclusion in the criminal case of certificates of the results of research on objects and documents. Therefore, these certificates are not submitted for use in accordance with Art. 11 Federal Law on the Horde.
They have particular conditions and the procedure for processing the results of the study of objects and documents as ORM.
In the case of standardized research methods (for example, the definition of a drug using rapid analysis), OPM does not require the approval of the head of the relevant OPO and is carried out by decision of the investigator. In order to attract specialists to the implementation of OPM, the operative, with a motivated report, reports on the need to study objects and documents to the head of the ORO, on the basis of which a written request is sent to conduct the research by the relevant specialists.
The data obtained are documented by a certificate (memorandum reference), an operative report, an act. A study of objects and documents carried out in other institutions is documented in accordance with departmental regulatory legal acts of the relevant federal executive bodies (conclusions, acts of examination, acts of research).
The results of a study of objects and documents conducted by experts from among the confidants are documented by an act of research (audit, inspection), which in form and content as far as possible must comply with the requirements for the preparation of an examination report without entering information about the ARD.

This article on the topic "Operational-search event" a survey of citizens "continues the series of publications by the author on operational-search activities (hereinafter referred to as the" Search Operation ").

Law enforcement practice indicates that the survey of citizens is one of the most common and effective means of obtaining primary information relevant to solving the tasks of the ARD.

As noted in one of the previous articles, the possibility of conducting a survey of citizens by members of the operational-search authorities is regulated by Art. 6 of the Federal Law "On the operational-search activity" (hereinafter - the Law on the ARD).

A survey is an operational investigative, which is a verbal contact of an employee of an operational unit with citizens who possess or may possess information of particular interest to the operational investigative agencies.

The basis for the survey may be any grounds provided by the Law on the ARD for conducting operational-search measures.

The survey is initiated by an operational officer. No permissions from higher managers or the court, unlike some other operational-search measures, are required to conduct a survey of citizens.

The main purpose of the survey is to obtain the necessary factual data (irrelevant) and evaluate it in order to make a decision on a criminal case on this basis, or on the conduct of an action and determine the direction or tactics of the corresponding investigation. The survey results can be used to conduct other stipulated by the Law on the ARD of operational-search measures.

The success of the survey is largely determined by the environment in which citizens have to be interviewed. A significant role is played by the place of the survey, the category and number of people who need to be interviewed for a certain period of time, lack of time.

Since one of the fundamental principles of operational-search activity is the principle of conspiracy, as well as a combination of vowels and unspoken methods, in practice, verbal contact with a citizen is often used under an assumed pretext, when an employee of the operational unit pretends to be some other person or simply does not reveal his true face. This is possible due to the fact that, when resolving the tasks of the ARD, the authorities authorized to carry out it have the right to use documents encrypting the identity of officials of the operational-search departments for secrecy purposes.

In addition, the subject of the survey may be a person who agrees to provide the information at his disposal, however, provided that this fact is not made public.

A survey of citizens, despite the permissibility of using conspiratorial techniques, excludes the use of technical means, psychotropic, chemical and other substances that interfere with the will and harm human health and the environment.

However, when interviewing citizens, the possibility of using technical means of recording information, devices that do not inhibit the emotional state of the respondent during a conversation with him, is not ruled out.

Employees of operational units who decided to conduct this operational-search event, as well as citizens whom they interviewed, should keep in mind the legal provisions of the Constitutional Court of the Russian Federation on the implementation of operational-search measures.

Thus, in the determination of December 20, 2005 No. 473 - О, the Constitutional Court noted that from the moment when the official acting as an official during the operational-search event carried out in respect of a citizen whose constitutional rights to freedom, personal inviolability and freedom of movement are really limited by administrative detention, he conducts a survey aimed at identifying the facts and circumstances that convict a given citizen of a crime, especially if he makes absolutely of a crime against him, the norms of the Constitution of the Russian Federation are subject to direct effect, which ensure, inter alia, the provision of qualified legal assistance (Article 48) and the right not to incriminate oneself (Article 51, part 1).

The results of the survey are drawn up by a certificate (report) of an employee of the operational unit, and with the consent of the respondent - his explanation, statement, protocol of confession.

The use of technical during the survey is also documented by a certificate (report) of an employee of the operational unit. Based on them, the employee of the operational unit draws up a certificate (certificate-memorandum), to which are enclosed the packaged results of operational-technical measures (material carriers for sound and video recordings, etc.).

Collection Output:

SOME ASPECTS OF THE CONTENT OF THE OPERATIVE-SEARCH EVENT “POLL”

Dobrenko Maxim Anatolevich

adjunct of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia

One of the operational-search measures enshrined in article 6 of the Federal Law “On operational-search activity” is a “survey”. Numerous examples from practice indicate that operational workers resort to it very often, in various operational search situations. In combination with other operational-search measures, it gives tangible results in the fight against crime. Skillful interrogation of various categories of persons aware of the facts of crimes or criminal activity is one of the important primary sources of operatively significant information and other information of interest to law enforcement bodies.

Poll- this is an operational-search measure aimed at collecting information in the course of a direct conversation between an employee of the operational unit (a person acting on his behalf or assignment) with persons who are aware or may have information about persons, facts and circumstances that are of interest for solving the tasks of the ARD . The survey is used in crime prevention and disclosure, in the search for hiding criminals and missing persons. The information obtained during the survey constitutes a significant part of the operatively significant information collected directly by operational employees.

Intelligence Survey Subjects. In the conduct of operational-search activities involved various police officers. At the same time, some of them, by virtue of their functional responsibilities, systematically carry out operational-search activities to combat crime, while others are occasionally involved in certain operational-search activities.

In the Department of Internal Affairs Directorate, surveys are carried out by employees of the following operational units:

criminal investigation units;
units combating economic crime;
own security service;
operational units for combating criminal assaults of goods (GPR);
the operational unit of the National Central Bureau of Interpol, etc.

In the implementation of certain operational-search measures, including the survey, other officers of the internal affairs department also participate: district inspectors; traffic police officers and others.

The objects of the survey.The objects of the survey are persons who may be aware of persons and facts of operational interest. These sources of information can be divided into two groups:

1.The first includepersons associated with the criminogenic environment, namely:

persons prone to commit crimes;
persons related to a specific crime (victims, witnesses, eyewitnesses, suspects);
persons closely associated with the criminal environment. These persons should be under the constant operational supervision of the ATS. Systematic polls of this contingent allow us to timely identify criminal intentions and intentions, prevent prepared and disclose crimes committed. Such persons are identified from the number of detained, arrested, accused, suspects, witnesses, victims, convicted persons, including conditionally convicted persons and persons with respect to whom the execution of a sentence of imprisonment has been delayed, parole, previously convicted and persons without a certain place of residence and occupation.

2.Second group- These are persons who are not related to the criminal environment, but due to the current situation they may have information. These include neighbors, relatives, acquaintances, work colleagues, etc. They form the largest group of respondents. ATS officers should rely in their activities on law-abiding citizens, who often assist them in the fight against crime.

The difference between a survey and interrogation . It is necessary to distinguish interrogation from interrogation. There is a fundamental difference between them. It lies, first of all, in the legal nature. The survey relates to operational-search measures, and interrogation to investigative actions. The interrogated person is warned of criminal liability for refusing or evading to testify, as well as for giving false testimony. When conducting a survey, this is not allowed; Interrogation is carried out only in a criminal case. A survey can be applied regardless of the presence of a criminal case, often before it is instituted (Article 7 of the Federal Law “On Operational Investigation Activities”), as well as after the end of a criminal investigation and consideration of the case in court. During the interrogation, evidence of evidentiary value is ascertained and established, the results of the survey become them only after following a certain procedure (procedural fixing).

The result of the interrogation is a procedural document - the interrogation protocol, and the result of various types of interrogations are explanations, certificate of the report, etc.

Thus, the survey, having a number of tactics that are common with other special methods of obtaining information, is at the same time an independent operational-search activity in the ARD and occupies an important place in the implementation of its goals. Skillfully conducted survey does not duplicate investigative actions, but supplements and contributes to their effective implementation.

Depending on the goals and tactics, the survey is classified according to two criteria:

according to the degree of publicity from others;
to encrypt his goals from others.

The preparatory work for the survey includes:

1. the wording of specific tasks that are proposed to be addressed through a survey;

2. determination of the information that needs to be found out to solve the tasks;

3. determination of the circle of respondents, their verification and study;

4. choice of place, time, situation of the survey;

5. the development of tactics and a list of key issues;

6. selection of the subject of the event and its preparation for the survey

Practitioners of operational ATS units may not always be able to carry out all of the above activities. In many cases, they do not have the necessary time for thorough preparatory work. For this reason, two groups of preparatory measures should be distinguished:

1.obligatory (the wording of specific tasks that are proposed to be solved by means of a survey, the definition of the information that needs to be found out to solve the tasks, the definition of the circle of respondents, the development of tactics and a list of key issues;

2.additional (verification and study of interviewees, the development of tactics and a list of key issues, the selection of the subject of the event and its preparation for the survey.

The preparatory actions indicated first are mandatory for any survey, even when it is carried out urgently. For example, before leaving for the scene, an operative worker from the internal affairs officer on duty at Gorrayorgan finds out the circumstances of the incident, from whom, when and where the signal came from about what happened. Defines tasks, outlines the content of the survey, persons with whom it is necessary to first of all talk. Upon arrival at the scene, taking into account the specific situation, it is necessary to clarify the subject of the survey, the circle of respondents, determine the time, place and situation of the survey.

Preliminary study of tactics of communication and an approximate list of issues related to additional preparatory actions. Such measures are advisable when conducting a survey conducted not on an emergency basis.

When preparing a survey, first of all, it is necessary to clearly define for what tasks it is being carried out. In cases where preparation is not conducted, the survey is conducted spontaneously, information is incomplete, its effectiveness is significantly reduced.

An important stage of preparation is the determination of the subject of the survey, that is, the circle of the information that needs to be found out to solve the tasks. (For example: identification of unidentified persons living in the served territory; identification of drug users and distributors, persons leading an antisocial lifestyle, previously convicted, citizens expressing their intention to commit a crime, etc.).

In turn, the tasks and subject of the survey allow us to determine the circle of persons to be interviewed, who may be aware of persons and facts of operational interest. The officer can and should interview citizens in relation to whom he has confidence that they have the necessary information. This does not mean that everyone should be interviewed in a row. In each case, possible sources of information are determined on the basis of the tasks and the nature of the information that needs to be obtained.

The conditions on which the success of the survey depends are the choice and preparation of the venue and the conditions for its conduct. The place should be chosen based on the type of survey. Given the public nature of the survey, the choice of venue does not present any particular difficulties. It can be an enterprise, institution, organization. The survey may take place at the place of residence. Often, a vowel survey is conducted at the ATS premises.

Of particular importance is the venue of the survey at a private meeting. It is advisable to conduct such polls in predetermined places, which reduces the likelihood of unwanted meetings with the respondent's friends.

When choosing a place, you should consider the situation of the survey. She should be conducive to a frank conversation. Undesirable presence of unauthorized persons, as well as the presence of circumstances, tearing off the operative from the conversation.

A serious influence on the quality of the survey is provided by the timing of this operational-search action. When determining it, it is necessary to take into account a number of circumstances:

if possible, the survey should be carried out at a time convenient for the interviewee;
it is necessary to determine the approximate time frame of the survey, which will allow to conduct a substantive conversation and not to delay the time of this ORM.

In preparing for the survey, very high importance should be given to the choice of tactical methods for its conduct. The development of such techniques is based on the analysis of information about the person to be interviewed, his individual psychological qualities, age and sex characteristics of the person, the expected behavior during the survey, attitude to the internal affairs bodies, etc.

Thus, the qualitative organization of the preparatory phase of the survey allows the operative to find out all the necessary information that the survey object has. However, the completeness of the survey, its effectiveness depends on what tactical method of the survey the operative officer chose.

List of references:

Agafonova Yu.A., Kvasha Yu.F. The basics of operational investigative activities. Textbook. TsOKR MIA of Russia. Moscow. 2009 year
Goryainov K.K., Ovchinsky V.S., Sinilov G.K. The theory of operational investigative activity. Textbook. INFRA-M. Moscow 2008
Zakhartsev S.I. Search operations. Law Center Press. SPb. 2004 year
The Federal Law "On Operational Investigation Activities" dated 08.08.1995, No. 144-FZ, (as amended on 10.07.2012). [Electronic resource] - Access mode. - URL: http: //www.consultant.com /.
Chechetin A.E. Actual problems of the theory of operational search measures. Monograph. Publishing House Shumilova I.I. Moscow. 2006 year

Poll - ORM, which consists in communicating independently or through third parties with the interviewee.

The survey can be conducted both by the operational officer himself and by a third party on his behalf, both openly and behind the scenes.

Interviewees typically include: a)persons who by chance could become witnesses of a crime and (or) who cooperate with authorities (taxi drivers, bartenders, shop sellers, etc.); b) persons from the environment of the object of interest (for example, relatives, flatmates, work colleagues); in) persons who have previously committed crimes and residing in the study area, etc.

There are no restrictions on the location of the survey:it can be carried out both in the office building, and on the street, at the scene of an accident, etc. The survey can be carried out both in direct communication with a person, and by contacting him by phone, via the Internet, etc.

It is important to be prepared for the survey - to determine the type of personality of the interviewee, if possible, choose the appropriate environment, determine the range of questions that will be appropriate to ask at the meeting, as well as the tactics of the survey.

Since the interviewee, unlike his interrogation, is not responsible for the refusal to provide information, the operative needs to find the psychological “key” to the interviewee that will allow him to obtain the necessary information.

The event can be held in the form of a conversation in which only moments of interest to the operational officer (emphasis shift) are touched upon in order to receive information from the interviewee who is not aware of the true purpose of the survey.

When conducting a survey, fixing equipment (audio - video recording, etc.) can be used openly or covertly from the interviewee. The consent of the interviewee for the use of equipment is not required.

When conducting a survey, if necessary, it is advisable to provide the respondent with tools to freshen up memories, such as samples of documents, books with tattoo designs. With the consent of the interviewee, hypnosis can be applied.

The survey may be conducted using a polygraph (lie detector).In the process of such a survey, the manifestation of human emotions, fear, stress, the activity of the nervous system and the brain, the work of the respiratory system, cardiovascular system are monitored, physiological changes in the body under emotional stress are evaluated. For a survey using a polygraph, see question 16.

Survey resultscan be issued with a certificate or report of an operational employee. If available, explanations and other documents of the respondents may be attached to them. These documents have operational significance.