Acquiring Information on Connections Between Subscribers and/or Subscriber Devices in Russia: Essence, Stages and Ways to Improve Tactical Support

After the introduction Article 186.1 into the Criminal Procedure Code of the Russian Federation in 2010, there was a discussion about the essence of acquiring information on connections between subscribers and/or subscriber devices in the Russian criminal procedural and criminalistic literature. Based on the opinions of A.S. Knyazkov, S.A. Sheyfer, V.Yu. Stelmakh, R.A. Deryugin, and N.A. Arkhipova, the author formulates the conclusion that the acquisition of this information consists of provisional processual and organizational procedures for obtaining information and the investigative examination of the obtained information, i.e., it has a complex character. The author proposes to divide the preparatory stage of information acquisition into steps: processual (the investigator's request is prepared and submitted to the court), organizational (the investigator sends the court decision to the organization performing services of communication), and organizational technical (the communication operator collects and provides information). In some investigative situations, it is necessary to carry out an additional preparatory investigative action, investigative examination, in order to establish base stations of all communication operators' various network types simultaneously in a particular place or on a particular route. The existing practice of interaction between the Investigative Committee of the Russian Federation and telecommunication operators within the framework of the query processing system (in particular, with MegaFon, PJSC) actually combines organizational and organizational technical steps of the preparatory stage. On the basis of a study of the practice of the investigative bodies of the Investigative Committee of the Russian Federation, it is proposed that the working stage of the investigative action under consideration should be conducted within the framework of an investigative examination, including with the involvement of a specialist in the field of computer technology and the use of hardware and software systems, or of a forensic investigator on behalf of the investigator. Developing N.A. Arkhipova's opinion, the criteria for assessing the results of the considered investigative action are formulated. The assessment can result in new optional stages of information acquisition: sending a repeated request to the communication operator; obtaining an expert opinion on the results of the information and analytical examination; interrogating a representative of the organization providing communication services. Moreover, decisions on conducting new investigative actions, including those connected with the acquisition of new information on connections between subscribers and/or subscriber devices, can be made.

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