Russian Federation
Russian Federation
342.9
This article examines the problems of correlation between the norms of the federal law “On operational investigative activity” and the norms of administrative-tort legislation that determine the procedure for carrying out proceedings in cases of administrative offenses from a critical point of view. Some gaps in the legal regulation of this area of law enforcement are identified. The ways of possible use of the results of operational investigative activity in proceedings in cases of administrative offenses, carried out both by the internal affairs bodies and by other authorized bodies of state power, are determined. The algorithm of actions and recommendations aimed at enhancing the effectiveness of the activities of the internal affairs bodies in the implementation of operational investigative activities and the use of its results in proceedings in cases of administrative offenses are developed on the base of the analysis of judicial practice.
operational investigative activity, administrative-tort legislation; the results of operational investigative activities; proceedings in cases of administrative offenses
1. On operational-search activities: federal law of August 12, 1995 No. 144-FZ // Collection of legislation of the Russian Federation. 1995. No. 33. Art. 3349.
2. Resolution of the Moscow District Arbitration Court dated February 4, 2021 in case No. A40-339229/19 // SPS Consultant Plus (date of appeal: 06.25.2022).
3. Resolution of the Arbitration Court of the Volga-Vyatka District dated January 25, 2021 in case No. A29-8244/2020 // SPS Consultant Plus (date of appeal: 06.25.2022).
4. Resolution of the Supreme Court of the Russian Federation of October 13, 2020 in case No. 36-AD20-2 // SPS Consultant Plus (date of appeal: 06/25/2022).
5. Resolution of the Arbitration Court of the Moscow District of February 4, 2021 in case No. A40-339229/19 // SPS Consultant Plus (date of appeal: 06/25/2022).
