Comparative legal aspects of realization investigative actions and operational investigation in international criminal prosecutions

The relevance of the article is due to the public danger of crimes committed by members of cross-border criminal organizations in Russia and the European Union (France, Germany and UK) and the U.S.A. Cross-border criminal organizations operating in the territory of these States cooperate in all areas of criminal activity: corruption, crimes in the field of high technology, illegal immigration. The fight against organized crime is considered the most important state legal task of all States, requiring the implementation of legislative and organizational measures at the national and international levels. The purpose of the study is to develop the theoretical foundations of international criminal prosecution of members of cross-border criminal organizations, to develop proposals for improving the criminal, criminal procedure and operational investigative legislation governing this activity, as well as to improve cooperation with foreign authorized law enforcement agencies in this area at the national, supranational and international levels. To this end, a comparative legal study of the main investigative actions in Russia and foreign countries. The practice of the use of covert forces, means and methods of operational and special services of different countries in the fight against organized crime shows that an important place is occupied by the agent method used for the introduction into organized criminal formations of operational officers and agent sources of subjects of operational investigative activities, in connection with which a comparative legal study in this Research methods: comparative-legal, formal-logical, analytical, method of comparative law, system analysis of prosecutorial, investigative, operational-investigative practice. Conclusions: it is proposed to amend article 186 of the Code of criminal procedure of Russian Federation. In connection with the difficulties arising from the use of the results of operational investigative activities in proving criminal cases in this field of activity (in terms of relevance, admissibility, reliability and sufficiency of evidence), taking into account the analysis of the work of law enforcement agencies of foreign States, we consider it necessary to Supplement the code of criminal procedure of the Russian Federation regulations governing the procedure of operational investigative measures, as well as to make appropriate changes to the Instruction on the procedure for presenting the results of operational investigative activities to the body of inquiry, the investigator or the court. At the same time, having studied the foreign experience of protection of persons introduced into criminal organizations, we conclude that the main difference between the Russian legislation on the protection of witnesses from such programs in foreign countries is the lack of a specific, prescribed by law algorithm of actions of operatives and authorized officials, in connection with which the program can be implemented. Accordingly, we consider it necessary to implement the provisions specified in the article in the Russian criminal, criminal procedure and operational investigative legislation. The proposed changes in the long term will contribute to more effective international criminal prosecution of members of cross-border criminal organizations in Russia and in foreign countries.

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