LEGALITY OF SEIZURE OF ITEMS AND DOCUMENTS IN THE COURSE OF OPERATIONAL SEARCHES IN CASES CONCERNING CRIMINAL ASSOCIATION

Abstract

Countering organized crime is one of the priorities of law enforcement agencies of the Russian Federation. The investigation of criminal cases in this category, the gathering of evidence and criminal prosecution of persons at the pretrial stage of criminal proceedings, taking into account the specificity and particular complexity of such cases, must be conducted in accordance with all the requirements of the legislation in force. Purpose: to analyze the legality of seizure of items and documents in the course of a public operational search – a home inspection. Methods: empirical methods of comparison, description; theoretical methods of formal and dialectical logic; interpretation of legal norms. Results: the study reveals possible violations of the law when law enforcement officials confiscate documents and items, including those taken out of circulation or restricted in circulation, in the course of an operational search conducted according to the requirements of the departmental normative act. The author makes a proposal to use the rules of criminal procedure law when drawing up a protocol for the seizur e of it ems and documents.

Keywords

• operational search
• home inspection
• court permission
• seizure of items
• federal law
• protocol
• instruction