The Main Problems of the Certainty of the Rules of Law Governing Operational-Search Activity in the Russian Federation

Despite the clear imperative definition of the ORD in the Federal Law on the ORD, both among practical employees of operational units of state law enforcement agencies and researchers, there are different points of view in understanding and interpreting the essential aspects of this type of law enforcement activity. The place and role of the ORD in criminal proceedings is ambiguously understood, since this type of activity is not regulated by the Criminal Procedure Code. Moreover, the tasks of the ORD go beyond the boundaries of criminal proceedings (for example, the search for missing persons). The interpretation of federal laws and other legal norms related to the ORD is carried out through a departmental, narrowly focused approach. Using this approach, the lawyer and law enforcement officer is guided by the tasks of criminal proceedings, in which the information obtained during the ORDO is used. Other tasks of the ORD that are not related to criminal proceedings remain on the sidelines. Financial and civil law issues, issues of prosecutorial supervision and control have not been properly considered. This leads to even greater legal confusion in the interpretation of the current norms of law related to the ORD, errors in departmental rulemaking. There is a tendency of their increase. The listed negative factors confirm the relevance of the topic raised in the article. Statement of the problem: Currently, there are numerous problems of interpretation of the norms of federal legislation regulating the execution of laws by bodies carrying out operational investigative activities in the Russian Federation. The most significant are. 1. Ambiguity and divergence of existing interpretations. They are mainly scientific and advisory in nature. The authors' understanding of the law is different, its use in interpretation is optional. At the same time, the interpretation of the law should, in this case, be given along with the interpretation of the law. The interpretation of the norms of federal legislation in the field of administrative offences is connected with the application of constitutional norms, analogy of law, principles of law. This is evidenced by the interpretations made by the Constitutional Court of the Russian Federation. However, they are also narrowly focused, contradictory and isolated. If the described situation persists, it may have a tendency of negative development. Consequently, there is a need to submit it for scientific discussion with the author's proposal of a solution. 2. Corruption-related factors in the current norms of law related to the ORD require identification, professional scientific and expert justification. The interpretations made by the Constitutional Court of the Russian Federation confirm the existence of this problem. The authors in the article name and justify several corruption-causing factors identified by them in the Federal Law on the ORDO and propose a solution to eliminate them. These factors are far from isolated. Without a wider use of the mechanisms proposed by the authors for the rehabilitation of the norms of law governing the ORD, their enforcement will be the basis for the formation of inadmissible evidence in criminal proceedings and contradictory departmental norms of law. Consequently, there is a need for a comprehensive anti-corruption examination of the law governing the ORD. Purpose: to identify, substantiate evidentiary and put for scientific understanding and practical solution the main problems of interpretation of the norms of federal legislation in the ORD. To develop scientifically-based proposals for the elimination of the problems indicated in the article. Research methods: general scientific (description, comparison), formal-logical (analysis, synthesis, analogy), content analysis, expert evaluation. The authors build their scientific conclusions on the basis of a dialectical-materialistic approach, scientific analysis of the main problems of legal interpretation of the norms of the federal legislation of the Russian Federation regulating the execution of laws in operational investigative activities (hereinafter referred to as the ORD). In particular, the correlation of the legal understanding of the goals and objectives of the implementation of the ORD, as a whole, with the subject and limits of the powers of its individual directions. The scientific analysis is conducted based on the meaning of the interpretation of the legal norms of various legal institutions associated with the ORD, through their comparative legal research. Results and key findings: 1. As a proposal to eliminate the basic problems in the legal understanding of the essence of the ORD, the need for an official normative interpretation of the law governing this type of law enforcement activity is justified. 2. It is proposed and normatively confirmed the need to use the powers of the Prosecutor's Office of the Russian Federation, in terms of conducting anti-corruption expertise, to remove legal problems in the departmental regulation of the ORD.

legal interpretation, operatively investigative activities, operatively investigative measures goals and objectives, direct, blanket reference norms of law, problems of the ORD, law-making, interdepartmental norms of law