Various forms of abuse during operational search activities and guarantees against them

The author identifies the problem areas in the existing regulation of the operational activities: authorization of operational activities and monitoring of their implementation, the use of agents in operational activities, audio and video recording of the results of operational search activities, access of the defense to the operational records. Lack of existing regulations on the operational search activities in the Russian Federation generates endless possibilities for abuse, which has been stated in a number of European Court of Human Rights decisions. The author proposes a set of measures to improve enforcement practices, such as the current judicial control over the authorization and carrying out of operational activities, the limited use of agents and the preferential use of audio and video fixation. In addition, the author notes the inequality of the rights of the defense and the prosecution when accessing the operational records and states the special role of the court in ensuring the rights of the defense.

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