The Necessity, Legal Basis and Requirements for Using the Results of Operational-Search Activities in Criminal Proceedings

Аннотация

This article examines the types of operational investigative activities, the implementation of operational investigative activities and the main tasks of operational investigative activities and measures to ensure the legality of the results of activities, the legality of evidence collected during operational investigative activities, and provides scientific, theoretical and practical recommendations on the basics using this evidence as the main means in the investigation of crimes, as well as in proving guilt at a court hearing. At the same time, the opinions and reasoning of theoretical scientists and experienced employees were analyzed. Keywords: Rapid search activities, rapid experiment type of event, conspiracy principle, results of rapid search activities and prosecutorial control. evidence contradicts the essence of judicial Introduction: Conducting search and rescue operations investigation, its procedural form, and the rule on the is the process of implementing a set of search and use of only procedural means of proof provided for by rescue operations against persons who are reasonably law, since the Criminal Procedure Code provides that it suspected of committing or committing crimes, in is unacceptable to use operational information order to prevent or solve their crimes, as well as to received directly in criminal proceedings as evidence, identify and detain hidden criminals, if it is impossible to convert this information into judicial evidence by to achieve the goal in other ways or if this is extremely questioning officials (operational officers) conducting difficult. operational search activities, and persons involved in It is necessary to have reasons and grounds for making the case. [2] a decision to conduct a search and rescue operation We can analyze the legal basis for conducting search based on the tasks of combating crime. The and seizure measures as follows: - the right to information obtained and collected as a result of search confidentiality of correspondence, telephone and rescue operations is of great importance in conversations and other conversations, postal, courier clarifying the true state of the case and determining the shipments, telegraph messages and other messages truth. transmitted via communication networks, as well as In this regard, before addressing the issue of evidence the right to inviolability of the home, as well as the right collected during search and rescue operations, it is to conduct search and seizure measures, such as the advisable to clarify the evidence and its specific inspection of residential premises, must necessarily be features. sanctioned by a prosecutor or a court. The necessity Because evidence is any information about facts and and obligation of obtaining a prosecutor's sanction for circumstances that is important for the correct conducting these search and seizure measures is resolution of a criminal case, obtained from sources primarily due to the fact that the conditions for their established by law and by methods specified by law. [1] conduct infringe on the constitutional rights and The use of existing information in criminal cases as freedoms of citizens. [3] International Journal Of History And Political Sciences 33 https://theusajournals.com/index.php/ijhps International Journal Of History And Political Sciences (ISSN – 2771-2222) The legal basis for conducting search and rescue It can be seen from this that the task of studying and operations, the procedure and conditions for their analyzing the best practices of ensuring compliance conduct, the use of technical means permitted during with the requirements of criminal procedural the operations, the legal formalization of the results of legislation on the relevance, admissibility, reliability, the operations, and the legality of the sources of significance and sufficiency of objects and documents obtaining and collecting evidence that must be proven collected as a result of operational search activities in the detection of a committed or prevented criminal when recognizing them as evidence is of urgent offense are explained by the lawfulness of the importance today. operation. The main reason for using the results of operational An important factor in the high-quality organization search activities is to identify and verify initial and conduct of emergency and search operations is the information about the signs of a crime, collect samples full study of the requirements for the rules for for comparative examination, identify and record conducting them by emergency personnel of specially information about persons engaged in criminal activity, authorized bodies, not only in terms of the essence of participating in the commission of a crime, identify these operations, but also in terms of the rules for persons participating in the commission of a crime and conducting them. Only by adhering to these principles, detain them in the act. it is possible to fully master the principles and To