Cooperation as an element of organization of the investigator's criminalistic activities in cases on drug trafficking using electronic and information telecommunication systems

Increase of the significance of the problem of the investigator's cooperation with other subjects during pre-trial proceedings is objectively caused by the complication of separate types of criminal activities, in particular, introduction and wide use of new methods, such as electronic and telecommunication systems. The use of the mentioned method in the sphere of drug trafficking causes special anxiety. Another factor of the importance of the topic of the investigator's cooperation is the fact that it is predominantly considered as part of their cooperation with the department executing operational search activities. Beyond the scope of this article there are problems of close cooperation of the investigator and subjects who are not part of the law enforcement system. Finally, the main problem is in the complexity of the phenomenon of cooperation. It seems efficient to exercise a complex analysis of the investigator's cooperation during pre-trial proceedings, including in drug trafficking, as an element of preliminary investigation organization. In definitions of cooperation, given without taking into consideration this approach, it is considered as preliminary investigation itself. Determination of essential origins of the investigator's cooperation in respect of his relations with a wide range of subjects, whose aim is not crime investigation, leads to the understanding of the essence of this cooperation as mutual obligations, conditioned by the rule of law, and in case of the investigator's cooperation with citizens by norms of social behavior. This conception allows underlining the necessity to exercise special actions by the investigator and other subjects irrespectively of physiological factors and corporate interests, and finally exercising a more effective legal regulation of cooperative forms. The authors critically assess the point of view according to which concurrence of the investigator's actions with other subjects can be considered as cooperation in the context of investigation organization, and account of forms of cooperation. It allows considering that concurrence over time and place has the same significance as concurrence over purpose. It is impossible to talk about equal significance of law enforcement purpose for the investigator cooperating with a mobile network operator and the production purpose of this operator who has no law enforcement purpose when cooperating with the investigator. Since the essence of cooperation with the mentioned subjects is determined by law, the problem of its reasonability (cost effectiveness, safety, efficiency) cannot be solved by these subjects, as it happens during the cooperation of the investigator and law enforcement authorities. Considering the criminal procedure status of the investigator, it is necessary to distinguish "control-cooperation", which appears during cooperation of the investigator and the head of an investigative agency, and "inspection-cooperation", which appears during cooperation of the investigator and the prosecutor. Moreover, "control-cooperation" is more substantial than "inspection-cooperation".

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