Review

An article analyzes the correlation between pre-trial investigation and operative and search activities in a new paradigm of criminal prosecution. In particular, attention is drawn to the fact that the practical implementation of the investigative units of the institute of secret investigative (search) actions have led to fundamental transformation in the work of investigators. It was determined that the legislative changes have led to the development of scientific debates about the place and role of operative and search activities during pre-trial investigation. Special attention is paid to the shortcomings of legal regulation and lack of statutory limits upon completion of operative and search activities.

The article analyzes some norms of the legislation, a literal interpretation of which suggests that the beginning of pre-trial investigation is not a legal basis for the cessation of operative and search activities. Implementation of it is possible after the start of pre-trial investigation. As well, attention is drawn to the fact that, in accordance with the norms of the normative legal acts, which detail the legislation, the powers of the employees of operational units during the pre-trial investigation is much wider than it is enshrined in the procedural legislation. The necessity of depriving the investigator of the authority for the establishment of a confidential cooperation with citizens in the framework of pre-trial investigation is proved.

It was noted the need to expand the statutory powers of operational units during the pre-trial investigation, including during the execution of the instructions of the investigator to conduct secret investigative (search) actions. Possible models for the further development of operative and search legislation and for the implementation of some of its provisions into the structure of the procedural law are defined.

Keywords: operative and search activities, pre-trial investigation, operational units, secret investigative (search) actions, criminal prosecution.