Правоприменение (Mar 2024)
To the discussion about legal means of ensuring secret in operational-search activities
Abstract
This article examines the demand for additional legal instruments to ensure operational secrecy in law enforcement agencies. It identifies certain inconsistencies and gaps in the current regulatory framework, calling for improvements to consolidate both public and intra-departmental instruments into a unified legal framework. The study aims to confirm the hypothesis that enhancing the legal provisions governing operational secrecy will contribute to the effectiveness of law enforcement operations.The research employs a comprehensive analysis of existing laws, regulations, and practices related to operational activities. It explores the concept of operational secrecy and highlights the need for a coherent understanding of this legal category. Furthermore, it emphasizes the significance of confidentiality in operational activities and the associated challenges of regulating specific methods and techniques, considering their unique and dynamic nature.The findings reveal two key directions for the further development of operational secrecy instruments. Firstly, the article argues that publicly disclosing detailed information regarding the essence, specific instruments, and methods employed in operational activities would be counterproductive and undermine operational effectiveness. However, it also recognizes the necessity of harmonizing the understanding and application of operational secrecy by providing a clear legal definition within the legislation governing operational and investigative activities. Therefore, it proposes amending the relevant provisions of the Law “On Operational and Investigative Activities” to encompass a comprehensive legal framework for operational secrecy.Secondly, the research highlights that information regarding overt operational and investigative measures and their contents may indirectly or directly expose the interests of law enforcement agencies, reveal their tactics for gathering information, and compromise the effectiveness of their efforts to detect, prevent, and deter criminal activities and threats to national security. While administrative liability currently applies to breaches of emerging “operational secrecy”, violations of the “secrecy of investigation” fall under criminal liability, including imprisonment. Moreover, in certain cases, criminal liability exists for breaches of information protection rules even in the civil domain. Consequently, the article suggests exploring the balance between the level of responsibility and the potential damage caused to societal interests when imposing liability for breaches of operational secrecy.To address the identified challenges, one potential solution could be the codification of operational and investigative norms. Such an approach would not only provide a systematic and structured presentation of laws governing operational activities but also facilitate logical and consistent links between the discussed legal framework and related branches of law.In conclusion, this study underscores the importance of additional legal instruments to safeguard operational secrecy in law enforcement agencies. It calls for improvements in the current legal framework, emphasizing the need for a unified and comprehensive legal approach. By confirming the research hypothesis, this article provides valuable insights into enhancing operational secrecy and its implications for the effectiveness of law enforcement operations.
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