LawCriminal law

Operational-search activity. Rights and duties of employees

Operational-search activity - work that is carried out, secretly or publicly, by special operational units that are authorized by the law of the Russian Federation. The essence of this activity is to carry out a number of activities aimed at protecting the health, life, freedom and the rights of the citizen. Employees of these units are responsible for the preservation of property and the state from encroachments.

Operative-search activity is to identify, prevent, disclose crimes, as well as to identify the persons who prepare them. In the case of committing criminal acts, employees of units should detect the criminal and detain him. These services also help in the search for missing persons or those who threaten the state foundations.

The foundations of the operative-search activity include the identification of persons who have committed a crime, the disclosure of crimes, and the search for people who are hiding from the organs of justice.

Operative-search activity is based on the principles of constitutional legality, which provides for respect and respect for human rights. Employees of such units use the principles of conspiracy. The bodies that carry out operational-search activities must respect and respect human rights to the inviolability of life and home. It is not allowed to carry out activities for purposes not specified in the legislative acts of the Russian Federation.

A person who decides that employees of these units are violating their powers can file lawsuits against them and appeal against their actions. If the court finds the person innocent or the case was suspended because of a lack of evidence, a person can sue the search authorities if he believes that his rights were violated. While there is a trial, the operative-investigative authorities must provide the judge with all the necessary documents and information. But if the activity of operatives is conducted secretly or by the introduction of a secret agent, then they have the right to not disclose this information. In the case of failure to prove the guilt of a person, all the extracted information during the investigation is stored for 1 year, then destroyed. Information on wiretapping in the same case is deleted after 6 months from the moment of termination of the investigation. For 3 months before the destruction of this must be reported to the appropriate judge.

Operative-search activity is carried out by bodies that are strictly forbidden to carry out activities in the interests of any political party or religious association. They are also prohibited from protecting the interests of local government bodies and various associations. You can not disseminate information that relates to the inviolability of personal or family life. It is prohibited to carry out provocative actions: to incite or induce to commit unlawful acts.

Absence of falsification of results of activity is completely not welcomed, for it the operative can lose the workplace. If the violation is revealed, then the prosecutor is obliged to restore justice and compensate the damage caused by such bodies. Violation of the law in the performance of operational-search activities by employees of these units may entail responsibility, which is provided for by the legislation of the Russian Federation.

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