The resolution of December 6, 1997 No. 10-12 is accepted at the tenth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
About operational search activities
This Law determines content of the operational search activities performed in the territory of the state and fixes system of guarantees of legality when conducting investigation and search operations.
Operational search activities are the activities performed publicly or secretly by the state bodies authorized on that by the national law by conducting investigation and search operations for the purpose of protection of life, health, rights and freedoms of man and citizen, safety of society and the state from criminal encroachments.
Tasks of operational search activities are:
- identification, the prevention, suppression and disclosure of the crimes, and also identification and establishment of persons preparing them, making or which made;
- implementation of search of persons disappearing from the bodies of inquiry, investigation and court evading from bodies of criminal penalty, and also search of missing persons;
- getting of information on the events or actions creating threat of homeland security of the state.
Operational search activities are based on the principles of legality and humanity, observance of rights and freedoms of man and citizen, and also on the principles of conspiracy, combination of public and secret methods and means.
The legal basis of operational search activities is constituted by the Constitution, the national laws and other legal acts regulating operational search activities.
The bodies performing operational search activities publish within the powers according to the legislation the regulations regulating the organization and tactics of conducting investigation and search operations.
Implementation of operational search activities for goal achievement and the solution of the tasks which are not provided by the law is not allowed.
Person believing that actions of the bodies performing operational search activities led it to violation it is right also freedoms, have the right to appeal these actions in court, prosecutor's office or in the higher body performing operational search activities.
Person whose guilt in crime execution is not proved in the procedure established by the law and who has the carrying out facts concerning its investigation and search operations and believes that at the same time its rights were violated has the right to request the body performing operational search activities, data on information obtained about this person in the limits allowed by requirements of conspiracy and excluding possibility of disclosure of the state secret. If it will be refused provision of the requested data or if the specified person believes that data are received not in full, it has the right to appeal it judicially. In proceedings on the reference in court obligation to prove justification of refusal in provision to this person of data, including in full, it is assigned to the relevant organ performing operational search activities.
For the purpose of ensuring completeness and comprehensiveness of consideration of the case the body performing operational search activities shall provide to the judge, the prosecutor according to their requirement the operational in-house documents containing information on data which provision it was refused to the applicant, except for the information about persons implemented in organizational criminal groups about the regular secret staff of the bodies performing operational search activities and about persons rendering them assistance on конфиденциальное# basis.
In case of recognition unreasonable decisions of the body performing operational search activities on refusal in provision of necessary data to the applicant the judge or the prosecutor can oblige specified to provide body to the applicant the information provided by part three of this Article.
The materials received as a result of conducting investigation and search operations concerning persons whose guilt in crime execution is not proved in the procedure established by the law are stored one year, and then destroyed if office interests or justice does not require other. In three months prior to day of destruction of the materials reflecting results of conducting the investigation and search operations held based on the judicial or public prosecutor's decision the corresponding judge or the prosecutor is notified on it.
It is forbidden to bodies (officials) performing operational search activities:
- hold investigation and search operations for the benefit of any political party, public and religious association;
- take secret part in work of public authorities, and also in activities of the political parties registered in accordance with the established procedure, public and religious associations for the purpose of rendering influence on nature of their activities;
- disclose data which affect personal privacy, the personal and family secret, honor and reputation of citizens and which became known in process of conducting investigation and search operations, without the consent of citizens.
In case of violation by body (official) performing operational search activities of the rights and interests of physical persons and legal entities the higher body, the judge, or the prosecutor according to the national legal system shall take measures for recovery of these rights and legitimate interests, compensation of damage suffered.
The officials who allowed violation of the law when implementing operational search activities bear the criminal and other liability provided by the national legal system.
When implementing operational search activities the following investigation and search operations can be held:
1) poll of citizens;
2) targeting of references;
3) identification of the personality;
4) collection is model for comparative research;
5) checking purchase;
6) research of objects and documents;
7) observation;
8) inspection of rooms, buildings, constructions, sites of the area and vehicles;
9) control of mailings, cable and other messages;
10) listening of telephone conversations;
11) acoustical control;
12) removal of information from technical communication channels;
13) operational implementation;
14) controlled delivery;
15) formation of legal entity.
The provided list of investigation and search operations can be changed or added only with the law.
Procedure for conducting investigation and search operations are established by the national law.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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