FALSE OF OPERATING-RESEARCH ACTIVITY RESULTS

[Демитрий]

FALSE OF OPERATING-RESEARCH ACTIVITY RESULTS
([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144719;fld=134;dst=1268"] PART 4 OF ARTICLE 303 [/ DLMURL] of the Criminal Code) <1>

Material prepared using legal acts
as of May 20, 2013
N.R. KOSEVICH
--------------------------------

<1> Introduced by the Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=138322;fld=134"] laws [/ DLMURL] of 11.29.2012 N 207-FZ "On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" // SZ RF. 2012. N 49. Article 6752.

Kosevich Nikolay Rudolfovich, Associate Professor of the Department of Criminal Law of the Russian Academy of Justice, Candidate of Law, Associate Professor.

Constitution of the Russian Federation [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=2875;fld=134;dst=100209"] (Part 3 of the article 55) [/ DLMURL] allows, for constitutionally significant purposes, the possibility of a commensurate restriction by federal law of the rights and freedoms of man and citizen. A number of such restrictions are provided for by the Federal Law "On Operational Investigation Activities" <2>, which, in order to protect life, health, rights and freedoms of man and citizen, property, and to ensure the safety of society and the state from criminal encroachments on bodies carrying out operational investigations activity, the duty is to identify, prevent, suppress and solve crimes, as well as to identify and identify the persons who prepare them, commit or commit [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req= doc; base = ROS; n = 144693; fld = 134; dst = 100012 "] (Article 2) [/ DLMURL].

--------------------------------

<2> Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134"] law [/ DLMURL] of 12.08 .1995 N 144-ФЗ "On operational search activity" (as amended on 04/05/2013) // SZ RF. 1995. N 33. Art. 3349.

According to this Federal Law [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst=100063"] (Clause 2 Part 1 of Article 7) [/ DLMURL] in the absence of sufficient data to resolve the issue of initiating criminal proceedings, operational-search measures, including those related to restrictions on the constitutional rights of citizens, may be carried out on the basis of information received on the signs of being prepared, committed or committed unlawful act, as well as about the persons preparing it, committing or having committed, become known to the authorities engaged in operational-search activities.

Moreover, based on the meaning of the aforementioned Federal Law, its [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst = 100010 "] articles 1 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst = 100012 "] 2 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst= 100060 "] 7 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst=100081 "] Part 2 of Article 8 [/ DLMURL] and [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst = 100101 "] of Article 10 [/ DLMURL], which determine the goals, objectives, grounds and conditions for conducting operational investigative measures, an unlawful act means only a criminal offense, that is the crime. When, in the course of operational-search activities, it is discovered that this is not a crime, but other types of offenses, then, as the Constitutional Court of the Russian Federation indicated in [DLMURL="https://login.consultant.ru/link/cgi/ online.cgi? req = doc; base = ROS; n = 19780; fld = 134 "] of the Definition [/ DLMURL] of July 14, 1998" In the case of the constitutionality of certain provisions of the Federal Law "On the operational-search activity" on the complaint Citizens I.G. Chernova "<3>, conducting operational investigative measures by virtue of [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n= 144693; fld = 134; dst = 100012 "] of article 2 [/ DLMURL] and [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n= 144693; fld = 134; dst = 100105 "] of part 4 of article 10 [/ DLMURL] shall be terminated <4>.

--------------------------------

<3> [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=19780;fld=134"] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation dated 07/14/1998 N 86-O "In the case of the verification of the constitutionality of certain provisions of the Federal Law" On operational-search activity "on the complaint of citizen I.G. Chernova" // SZ RF. 1998. N 34. Art. 4368.

<4> [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=50150;fld=134"] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation dated July 15, 2004 N 304-O "On the refusal to accept the consideration of citizen Trifonova Valentina Stepanovna for violation of her constitutional rights by paragraph 3 of the first part of article 6 and paragraph 1 of the first part of article 15 of the Federal Law" On operational search activity "// ATP "Consultant Plus".


In [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst=100022"] article 5 [/ DLMURL] The federal law "On operational-search activity" secures guarantees for the observance of the rights and freedoms of man and citizen in carrying out operational-search activities.

1. Bodies (officials) engaged in operational-search activities, when conducting operational-search activities, shall ensure the observance of the human and citizen's rights to privacy, personal and family secrets, inviolability of the home and correspondence.

2. It is not allowed to carry out operational investigative activities to achieve goals and solve problems not provided for by this Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS; n = 144693; fld = 134 "] by law [/ DLMURL].

3. A person who believes that the actions of the bodies conducting operational-search activities has led to a violation of his rights and freedoms has the right to appeal these actions to a higher body carrying out operational-search activities, to a prosecutor or to a court.

4. A person whose guilt of committing a crime has not been proved in the manner prescribed by law, that is, with respect to whom a criminal case has been refused or the criminal case has been terminated due to the absence of a crime event or due to the absence of corpus delicti in the act, and who has the facts holding in relation to his operational-search measures and believes that his rights have been violated, he is entitled to request information from the body conducting the operational-search activities about the information received about him to the extent permitted by the requirements of the conspiracy and excluding the possibility of disclosing state secrets. If the requested information is refused or if the indicated person believes that the information was not received in full, he has the right to appeal it in court. In the process of considering a case in court, the obligation to prove the validity of the refusal to provide this person with information, including in full, is assigned to the relevant body that conducts operational search activities.

5. In order to ensure the completeness and comprehensiveness of the consideration of the case, the body carrying out the operational-search activity is obliged to provide the judge, upon his request, with operational-service documents containing information about the information that the applicant was refused, except for information about persons embedded in organized criminal groups, about full-time covert employees of the bodies engaged in operational-search activities, and about persons assisting them on a confidential basis.

6. In the event that the decision of the agency carrying out the operational investigative activity to refuse to provide the necessary information to the applicant is declared unreasonable, the judge may oblige the said body to provide the applicant with the information required by [DLMURL="https://login.consultant.ru/link/cgi/ online.cgi? req = doc; base = ROS; n = 144693; fld = 134; dst = 100026 "] part of the fourth of this article [/ DLMURL].

7. Materials obtained as a result of operational-search measures in respect of persons whose guilt of committing a crime has not been proved in accordance with the procedure established by law shall be stored for one year and then destroyed, unless official interests or justice require otherwise. Phonograms and other materials obtained as a result of wiretapping of telephone and other negotiations of persons in respect of whom a criminal case has not been instituted are destroyed within six months from the moment of termination of listening, about which a corresponding protocol is drawn up. Three months before the day of destruction of materials reflecting the results of operational-search measures carried out on the basis of a court decision, the corresponding judge shall be notified about this.

8. Bodies (officials) carrying out operational investigative activities are prohibited from:

- to conduct operational-search measures in the interests of any political party, public and religious association;

- take secret participation in the work of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation and local self-government bodies, as well as in the activities of duly registered and prohibited political parties, public and religious associations in order to influence the nature of their activities;

- disclose information that affects privacy, personal and family secrets, honor and good name of citizens and which became known in the process of conducting operational-search measures without the consent of citizens, with the exception of cases provided for by federal laws;

- incite, persuade, induce, directly or indirectly, to commit unlawful acts (provocation);

- falsify the results of operational investigative activities.

9. In case of violation by the body (official) carrying out operational-search activities of the rights and legal interests of individuals and legal entities, a higher body, prosecutor or judge, in accordance with the legislation of the Russian Federation, must take measures to restore these rights and legal interests, to compensate for the damage caused .

10. Violations of this Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134"] laws [/ DLMURL] under the implementation of operational-search activities entail liability provided for by the legislation of the Russian Federation.

Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=52146;fld=134"] laws [/ DLMURL] of July 24, 2007 <5> [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst=100030"] part 8 of article 5 [/ DLMURL] of the Federal Law "On operative-search activity" is supplemented with paragraphs prohibiting bodies and officials engaged in operational-search activities to incite, persuade, induce persons directly or indirectly to commit illegal actions, as well as falsify the results of operational search activity. The reason for making such changes to the law was the decisions of the European Court of Human Rights, in particular [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ARB;n=20181 ; fld = 134 "] the case [/ DLMURL]" Vanyan (Vanyan) v. Russia "<6>.

--------------------------------

<5> Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=52146;fld=134"] law [/ DLMURL] of 24.07 .2007 N 211-ФЗ "On Amending Certain Legislative Acts of the Russian Federation in Connection with the Improvement of Public Administration in the Field of Countering Extremism" // Rossiyskaya Gazeta. 08/01/2007. N 165.

<6> [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ARB;n=20181;fld=134"] Judgment [/ DLMURL] of the European Court of Human Rights of 12/15/2005 “The Vanyan case v. Russian Federation” // Bulletin of the European Court of Human Rights. Russian edition. 2006. N 7.P. 57, 102 - 116.

The specified change was made as a result of the implementation of the principles and norms of international law into the national operational-search legislation, which, according to [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS ; n = 2875; fld = 134; dst = 100070 "] of Part 4 of Article 15 [/ DLMURL] of the Constitution of the Russian Federation are an integral part of its legal system. In this, according to B.S. Ebzeeva, an important element of constitutionalization is manifested, which consists in imposing on the state the obligation to observe internationally recognized natural, inalienable rights that belong to every person from birth <7>. The Constitutional Court of the Russian Federation also constitutionalized a number of categories of investigative activities that previously did not have a formal legal fixation. These include the names of operational-search measures, terms ("conspiracy", "secret", etc.), the limits of the implementation of operational-search activities, etc. <8>.

--------------------------------

<7> See: Ebzeev B.S. Person and state in Russia: mutual responsibility and constitutional duties. M .: Norma, 2007.S. 113.

<8> Meadow V.F. Problems of constitutionalization of operational investigative activity // Constitutional and legal problems of operational investigative activity: Compilation of materials of the All-Russian round table. November 3, 2011 / V.V. Abramochkin, A.S. Alexandrov, V.M. Atmazhitov and others; comp. K.B. Kalinovsky. St. Petersburg: Petropolis, 2012.218 s .; ATP "ConsultantPlus".

Main object offense under [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144719;fld=134;dst=1268"] part 4 of article 303 [/ DLMURL] of the Criminal Code, are the interests of justice, as additional facility the interests of the victim — an individual or legal entity — are advocated.

Public danger the crime in question is that the presence of falsified results of operational investigative activities may lead to the adoption by the preliminary investigation bodies and the court of the wrong decision unreasonably infringing on the rights of citizens, including the criminal prosecution of a person not involved in the commission of a crime or harm to honor, dignity and business reputation.

The Constitution of the Russian Federation, providing the state guarantee of protection against abuse of power, is in [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=2875;fld=134; dst = 100194 "] part 2 of article 50 [/ DLMURL] proclaims:" In the administration of justice the use of evidence obtained in violation of the Federal Law is not allowed. "

Operational-search activity is a type of activity carried out publicly and secretly by the operational units of state bodies authorized by the Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS ; n = 144693; fld = 134 "] by the law [/ DLMURL]" On operative-search activity ", within their powers by means of operational-search measures in order to protect life, health, rights and freedoms of man and citizen, property, security safety of society and the state from criminal encroachments.

The objectives of the operational-search activities are:

- the identification, prevention, suppression and disclosure of crimes, as well as the identification and identification of persons preparing them, committing or having committed;

- the search for persons hiding from bodies of inquiry, investigation and court, evading criminal punishment, as well as the search for missing persons;

- obtaining information about events or actions (inaction) that pose a threat to the state, military, economic or environmental security of the Russian Federation;

- establishment of property subject to confiscation.

In carrying out operational-search activities, the following operational-search activities are carried out, the list of which is exhaustive and may be amended or supplemented in accordance with [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req= doc; base = ROS; n = 144693; fld = 134; dst = 100037 "] Article 6 [/ DLMURL] of the Federal Law" On Operational Investigation Activities "only by the Federal Law:

1. The survey.

2. Inquiries.

3. Collection of samples for comparative studies.

4. Test purchase.

5. The study of objects and documents.

6. Observation.

7. Identification of personality.

8. Inspection of premises, buildings, structures, terrain and vehicles.

9. Control of mail, telegraph and other messages.

10. Listening to telephone conversations.

11. Removing information from technical communication channels.

12. Operational implementation.

13. Controlled delivery.

14. Operational experiment.

According to [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst=100060"] article 7 [/ DLMURL] The Federal Law "On operational-search activities" the grounds for conducting operational-search activities are:

1. The presence of a criminal case.

2. Information about: Information that has become known to the authorities conducting operational investigative activities:

1) the signs of the illegal act being prepared, committed or committed, as well as of the persons preparing it, committing or having committed it, if there is not enough data to resolve the issue of initiating a criminal case <9>;

--------------------------------

<9> About the use of [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst=100064"] subparagraph 1 Clause 2 of Part 1 of Article 7 [/ DLMURL] see: [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=19780;fld=134 "] Decision [/ DLMURL] of the Constitutional Court of the Russian Federation of July 14, 1998 N 86-O" In the case of the verification of the constitutionality of certain provisions of the Federal Law "On operational-search activity" on the complaint of citizen I.G. Chernova "// SZ RF. 1998. N 34. Art. 4368; [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=54259;fld=134"] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation of 22.04. 2005 N 198-O "On the refusal to accept for consideration a complaint of a citizen Andrei Arkadyevich Vereshchagin about a violation of his constitutional rights by the provisions of Article 7 of the Federal Law" On operative-search activity "// ATP" Consultant Plus "; [DLMURL =" http: // login .consultant.ru / link / cgi / online.cgi? req = doc; base = ROS; n = 55925; fld = 134 "] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation of 09.06.2005 N 327-O" According to the complaint of a citizen Chukov Anzaura Nikolaevich on violation of his constitutional rights by the provisions of paragraphs 1 and 3 of the first part of Article 6 and subparagraph 1 of paragraph 2 of the first part of Article 7 of the Federal Law "On operational search activity" // ATP "Consultant Plus".

2) events or actions (inaction) that pose a threat to the state, military, economic or environmental security of the Russian Federation;

3) persons hiding from bodies of inquiry, investigation and court or evading criminal punishment;

4) persons missing, and the discovery of unidentified corpses.

3. Instructions from the investigator, the head of the investigative body, the interrogating officer, the body of inquiry or the court ruling on criminal cases and materials for checking reports of a crime in their production.

4. Inquiries from other agencies carrying out operational investigative activities on the grounds specified in [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693 ; fld = 134; dst = 100060 "] article 7 [/ DLMURL] of the Federal Law" On operational search activity ".

5. The decision on the application of security measures in respect of protected persons carried out by authorized state bodies in the manner prescribed by the legislation of the Russian Federation <10>.

--------------------------------

<10> See: [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=139840;fld=134;dst=100083"] article 15 [/ DLMURL] Federal Law of 20.04.1995 N 45-ФЗ "On state protection of judges, officials of law enforcement and regulatory bodies" (as amended on 12/25/2012) // SZ RF. 1995. N 17. Art. 1455; [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=122372;fld=134;dst=100103"] Article 18 [/ DLMURL] Federal Law of August 20, 2004 N 119-ФЗ "On state protection of victims, witnesses and other participants in criminal proceedings" (as amended on November 30, 2011) // SZ RF. 2004. N 34. Art. 3534.

6. Requests of international law enforcement organizations and law enforcement agencies of foreign states in accordance with international treaties of the Russian Federation.

Bodies carrying out operational investigative activities, within their powers, are also entitled to collect data necessary for decision-making:

1. On access to information constituting a state secret <11>.

--------------------------------

<11> See: [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=121414;fld=134;dst=100061"] article 5 [/ DLMURL] of the Law of the Russian Federation of July 21, 1993 N 5485-1 "On State Secret" (as amended on November 8, 2011) // SZ RF. 1997. N 41. Art. 8220-8235; [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=143575;fld=134"] Decree [/ DLMURL] of the President of the Russian Federation of 30.11.1995 N 1203 "On approval of the List of information classified as state secret" (as amended on March 19, 2013) // SZ RF. 1995. N 49. Art. 4775.



2. About the admission to the works connected with operation of the objects representing the increased danger to life and health of people, and also to the environment <12>.

--------------------------------

<12> Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=117492;fld=134"] law [/ DLMURL] of 09.02 .2007 N 16-ФЗ "On Transport Security" (as amended on July 18, 2011) // SZ RF. 2007. N 7. Article 837; Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=117196;fld=134"] law [/ DLMURL] of July 21, 2011 N 256-ФЗ "On the safety of the fuel and energy complex" // SZ RF. 2011. N 30 (part I). Art. 4604; Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=132068;fld=134"] law [/ DLMURL] of 23.11.2009 N 261-ФЗ "On energy saving and on improving energy efficiency and on amendments to certain legislative acts of the Russian Federation" (as amended on 12/25/2012, as amended on 04/05/2013) // SZ RF. 2009. N 48. Article 5711.

3. On admission to participate in operational-search activities or on access to materials obtained as a result of its implementation.

4. On establishing or maintaining a relationship with a person in the preparation and conduct of operational-search measures.

5. To ensure the security of agencies engaged in operational-search activities.

6. On the provision or cancellation of a license to carry out private detective or security activities, on the renewal of documents confirming the existence of a license, on the issuance (on renewal, cancellation) of a private guard certificate <13>.

--------------------------------

<13> [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=122612;fld=134"] Law [/ DLMURL] of the Russian Federation of 11.03 .1992 N 2487-1 "On private detective and security activities in the Russian Federation" (as amended on 12/03/2011) // Vedomosti SND RF and RF Armed Forces. 1992. N 17. Art. 888.

Bodies carrying out operational investigative activities, if there is a request sent in accordance with the Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=146206 ; fld = 134 "] by the law [/ DLMURL] of December 25, 2008 N 273-ФЗ" On Combating Corruption "<14>, other regulatory legal acts of the Russian Federation in the field of combating corruption, carry out operational search measures within their powers In order to obtain the information necessary for making decisions:

--------------------------------

<14> Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=146206;fld=134"] law [/ DLMURL] of 25.12 .2008 N 273-ФЗ "On Combating Corruption" (as amended on December 29, 2012) // SZ RF. 2008. N 52 (part I). Art. 6228.



1. On the reliability and completeness of information provided in accordance with federal constitutional laws and federal laws by citizens applying for replacement:

1) government posts of the Russian Federation, unless otherwise established by federal constitutional laws or federal laws to verify this information;

2) government posts of constituent entities of the Russian Federation;

3) the posts of heads of municipalities, municipal posts, replaced on an ongoing basis;

4) posts of the federal public service;

5) posts of the state civil service of the constituent entities of the Russian Federation;

6) posts of the municipal service;

7) positions in a state corporation, the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Fund for Mandatory Medical Insurance, other organizations created by the Russian Federation on the basis of federal laws;

8) individual posts filled on the basis of an employment contract in organizations created to fulfill the tasks assigned to federal state bodies.

2. On the reliability and completeness of the information provided by persons replacing the positions specified in paragraph 1 of this part if federal constitutional laws or federal laws have not established a different procedure for verifying the accuracy of information.

3. On compliance by persons replacing the positions specified in paragraph 1 of this part , restrictions and prohibitions established by the Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=146206;fld=134"] laws [/ DLMURL] of December 25, 2008 N 273-ФЗ "On Combating Corruption", requirements for the prevention or settlement of conflicts of interest and for the performance by them of obligations established by federal constitutional laws, federal laws and laws of constituent entities of the Russian Federation, if federal constitutional laws or federal the laws do not establish another procedure for verifying compliance by these persons with these restrictions and prohibitions, requirements for the prevention or resolution of a conflict of interest, and for the performance of duties.

4. On the reliability and completeness of the information provided by a citizen applying for the post of judge.

Victim from the crime under [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144719;fld=134;dst=1268"] part 4 of the article 303 [/ DLMURL] of the Criminal Code, presented alternatively:

1) an individual, obviously not guilty of a guilty person, for the purpose of criminal prosecution;

2) an individual or legal entity in order to cause harm to his honor, dignity and business reputation.

Subject crimes are the results of operational investigative activities, i.e. information obtained in accordance with the Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134"] laws [/ DLMURL ] "On operational-search activity" on the signs of a crime being prepared, committed or committed, persons preparing, committing or having committed a crime and hiding from the bodies of inquiry, investigation or court <15>.

--------------------------------

<15> See: [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=103228"] paragraph 36.1 of Article 5 [/ DLMURL] of the Code of Criminal Procedure of the Russian Federation dated December 18, 2001 N 174-ФЗ (as amended on April 5, 2013) // SZ RF. 2001. N 52 (Part I). Art. 4921.


According to [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=LAW;n=68251;fld=134;dst=100028"] Instructions [/ DLMURL] on the procedure for presenting the results of operational investigative activities to an inquiry officer, inquiry body, investigator, prosecutor or court (hereinafter referred to as the Instruction) <16>, the results of operational investigative activities submitted to resolve the issue of initiating a criminal case must contain sufficient data indicating signs crimes, namely: information about where, when, what signs and what kind of crime was discovered, under what circumstances there was their detection, information about the person (s) who committed it (if it is known), and eyewitnesses to the crime (if they are known), about the location of objects and documents that may become physical evidence, about any other facts and circumstances that are relevant for solving the issue of initiating a criminal case.

--------------------------------

<16> [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=LAW;n=68251;fld=134"] Order [/ DLMURL] RF Ministry of Internal Affairs N 368, Federal Security Service of the Russian Federation N 185, Federal Security Service of the Russian Federation N 164, Federal Customs Service of the Russian Federation N 481, Russian Foreign Intelligence Service N 32, Federal Penitentiary Service of the Russian Federation N 184, Federal Security Service of the Russian Federation N 97, Ministry of Defense of the Russian Federation N 147 dated 04/17/2007 "On approval of the Instructions on the procedure for submitting results quickly of investigative activity to an inquiry officer, inquiry body, investigator, prosecutor or court "// Rossiyskaya Gazeta. 05/16/2007. N 101.

The results of operational investigative activities submitted for the preparation and implementation of investigative and judicial actions must contain information on the whereabouts of persons hiding from the preliminary investigation bodies and the court, on persons who are aware of circumstances and facts relevant to the criminal case, on possible sources of evidence , about the whereabouts of the items listed in [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100704"] hours 1 tbsp. 81 [/ DLMURL] Code of Criminal Procedure of the Russian Federation, on other facts and circumstances that make it possible to determine the scope and sequence of procedural actions, choose the most effective tactics for their production, and develop an optimal investigation methodology for a specific criminal case.

The results of operational investigative activities presented for use in proving in criminal cases should allow the formation of evidence that meets the requirements of the criminal procedural law presented to the evidence as a whole, to the relevant types of evidence, contain information relevant to establish the circumstances to be proved by criminal case, indications of operational-search measures during which the alleged evidence was obtained, as well as data to verify the evidence generated on the basis of the criminal proceedings.

“According to the Code of Criminal Procedure of the Russian Federation, evidence in a criminal case is any information on the basis of which the court, prosecutor, investigator, inquirer in the manner established by the Code of Criminal Procedure of the Russian Federation establishes the presence or absence of circumstances to be proved in criminal proceedings, as well as other circumstances relevant to the criminal case [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100675"] (Part One of Article 74) [/ DLMURL]. As evidence is allowed including physical evidence - objects and documents that can serve as a means to detect a crime and establish the circumstances of a criminal case ([DLMURL="http: //login.consultant. com / link / cgi / online.cgi? req = doc; base = ROS; n = 145802; fld = 134; dst = 100680 "] clause 4 of part two of article 74 [/ DLMURL], [DLMURL =" http: // login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100707""point 3 parts of the lane Article 81 [/ DLMURL] of the Code of Criminal Procedure of the Russian Federation), and other documents that are allowed as evidence, if the information contained in them is relevant to establish the circumstances specified in [DLMURL="https://login.consultant.ru/link /cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100664"› Article 73 [/ DLMURL] of this Code ([DLMURL="https://login.consultant.ru /link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100682"" paragraph 6 of the second part of article 74 [/ DLMURL], [DLMURL="http: // login .consultant.ru / link / cgi / online.cgi? req = doc; base = ROS; n = 145802; fld = 134; dst = 100738 "] part one of article 84 [/ DLMURL] of the Code of Criminal Procedure of the Russian Federation). Documents may contain information recorded both in writing and in another form. These may include photo and filming materials, audio and video recordings and other storage media obtained, requested or presented in the manner prescribed by [DLMURL="https://login.consultant.ru/link/cgi/online.cgi? req = doc; base = ROS; n = 145802; fld = 134; dst = 100745 "], article 86 [/ DLMURL] of this Code. Documents with the characteristics specified in [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100704"] parts of the first article 81 [/ DLMURL] of the Code of Criminal Procedure of the Russian Federation are recognized as material evidence ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802; fld = 134; dst = 100739 "] parts two [/ DLMURL] and [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802; fld = 134; dst = 100741 "] the fourth article 84 [/ DLMURL] Code of Criminal Procedure of the Russian Federation).

The procedure for collecting, checking and evaluating evidence in criminal proceedings, according to [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134; dst = 100011 "] of the first part of Article 1 [/ DLMURL] of the Code of Criminal Procedure of the Russian Federation is regulated by this Code, including its [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc ; base = ROS; n = 145802; fld = 134; dst = 100132 "] articles 17 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc ; base = ROS; n = 145802; fld = 134; dst = 100674 "] 74 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc; base = ROS; n = 145802; fld = 134; dst = 100683 "] 75 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base = ROS; n = 145802; fld = 134; dst = 100703 "] 81 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base= ROS; n = 145802; fld = 134; dst = 100752 "] 87 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS ; n = 145802; fld = 134; dst = 100754 "] 88 [/ DLMURL], [D LMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=101730"] 234 [/ DLMURL] and [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=101740"] 235 [/ DLMURL]. At the same time, the Code of Criminal Procedure of the Russian Federation determines that evidence obtained in violation of the requirements of this Code is unacceptable, null and void and cannot be used as a basis for the charge, and also be used to prove any of the circumstances stipulated by it [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100664""Article 73 [/ DLMURL] [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100683"((article 75) [/ DLMURL], sets specific procedural mechanisms for removing such evidence from a criminal case ([DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100754 "] Article 88 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=101735 "] part five of article 234 [/ DLMURL], [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS ; n = 145802; fld = 134; dst = 101740 "] article 235 [/ DLMURL] and [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS ; n = 145802; fld = 134; dst = 102322 "] part five of article 335 [/ DLMURL]) and presents a procedural decision on the admissibility of evidence requiring legality, validity and motivation ([DLMURL =" http: // login. consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100093"† Part Three [/ DLMURL] and [DLMURL="http: // login. consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134;dst=100094"† fourth article 7 [/ DLMURL]) "<17>.

--------------------------------

<17> [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ARB;n=280069;fld=134"] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation dated 11.05.2012 N 814-O "On the refusal to accept for consideration the complaint of citizen Anosov Igor Viktorovich on violation of his constitutional rights by Articles 74, 75 and 81 of the Code of Criminal Procedure of the Russian Federation" // ATP Consultant Plus.

According to [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=LAW;n=68251;fld=134;dst=100028"] Instructions [/ DLMURL] results operational-search activities are presented in the form of a report on the detection of signs of crime <18> or messages on the results of operational-search activities <19>.

--------------------------------

<18> [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=70071;fld=134;dst=103497"] Report [/ DLMURL ] on the detection of evidence of crime is compiled according to the model specified in Appendix 1 to Article 476 Code of Criminal Procedure.

<19> A report on the results of operational-search activities is presented in the form [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=LAW;n=68251;fld=134 ; dst = 100081 "] appendix N 1 [/ DLMURL] to the Order of the Ministry of Internal Affairs of the Russian Federation N 368, Federal Security Service of the Russian Federation N 185, Federal Security Service of the Russian Federation N 164, Federal Customs Service of the Russian Federation N 481, Russian Federal Security Service N 32, Russian Federal Security Service N 97 The Ministry of Defense of the Russian Federation N 147 dated 04/17/2007 "On approval of the Instructions on the procedure for presenting the results of operational investigative activities to an inquiry officer, inquiry body, investigator, prosecutor or court" // Rossiyskaya Gazeta. 05/16/2007. N 101.

A report on the detection of evidence of a crime is compiled by an official of the agency conducting operational investigative activities, and is recorded in the manner prescribed by regulatory legal acts of authorities carrying out operational investigative activities.

The procedure for presenting the results of operational-search activities in the form of a message is carried out in accordance with the rules established by [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=LAW;n=68251 ; fld = 134; dst = 100055 "] clauses 9 [/ DLMURL] - [DLMURL =" https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=LAW;n=68251 ; fld = 134; dst = 100065 "] 15 [/ DLMURL] of the specified Instruction, and includes:

- consideration of the issue of the need to declassify information constituting a state secret contained in the submitted results of operational-search activities, and their carriers;

- execution of the necessary documents and the actual transfer of the results of operational search activities.

Photographic negatives and photographs, films, transparencies, phonograms, video tapes, computer media, drawings, plans, diagrams, acts, certificates, other documents, as well as other tangible objects, which in accordance with the criminal procedure legislation can be recognized as material evidence.

Objective side offense under [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144719;fld=134;dst=1268"] part 4 of article 303 [/ DLMURL] of the Criminal Code of the Russian Federation, constitute actions aimed at falsifying the results of operational-search activities by a person authorized to conduct operational-search activities.

Falsification of the results of operational investigative activities can be carried out by providing information that is initially false in content (intellectual forgery), entering false information into documents, forging, cleaning it up, dating with another number (material forgery), fabricating objects and documents that can become physical evidence ( for example, throwing drugs, weapons or ammunition into an apartment, false documents in an organization or apartment).

Crime provided by [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144719;fld=134;dst=1268"] hours 4 tbsp. 303 [/ DLMURL] of the Criminal Code, formal composition and is considered finished from the moment of submission to the authorities of the investigation or court of the falsified results of the operational-search activity, regardless of whether they influenced the decision on the initiation of a criminal case, preparation and implementation of investigative and judicial actions, evidence in criminal cases.

FROM subjective side deed provided for by [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144719;fld=134;dst=1268"] part 4 of article 303 [/ DLMURL] of the Criminal Code, characterized by guilt in the form direct intent. The guilty person realizes that in one way or another he falsifies the results of the operational-search activity, and wants to use these results in this form.

In this case, the perpetrator pursues one of two goals :

1) criminal prosecution of a person knowingly not involved in the commission of a crime;

2) damage to honor, dignity and business reputation.

Notorious innocence persons to commit a crime means that the subject of the crime was aware of this before the execution of the objective side of the crime.

Subject offense under [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144719;fld=134;dst=1268"] part 4 of article 303 [/ DLMURL] of the Criminal Code of the Russian Federation, directly specified in the law (the subject of the crime is special) - a person authorized to conduct operational-search measures.

According to [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134;dst=100118"] article 13 [/ DLMURL] Of the Federal Law "On operative-search activity", in the territory of the Russian Federation, the right to carry out operational-search activity is granted to operational units:

1. The internal affairs bodies of the Russian Federation.

2. The bodies of the federal security service.

3. The federal executive body in the field of state protection.

4. The customs authorities of the Russian Federation.

5. Foreign Intelligence Services of the Russian Federation.

6. Federal Penitentiary Service.

7. Bodies controlling the circulation of narcotic drugs and psychotropic substances.

The operational unit of the foreign intelligence agency of the Ministry of Defense of the Russian Federation conducts operational search activities only to ensure the security of the said foreign intelligence agency and if these activities do not affect the powers of other agencies specified in [DLMURL="http: //login.consultant .ru / link / cgi / online.cgi? req = doc; base = ROS; n = 144693; fld = 134; dst = 100118 "] Art. 13 [/ DLMURL] of the Act cited.

The list of bodies engaged in operational-search activities may be amended or supplemented only by federal law. The leaders of these bodies determine the list of operational units authorized to carry out operational investigative activities, their powers, structure and organization of work.

Bodies carrying out operational investigative activities decide certain of this Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134" ] by law [/ DLMURL] tasks exclusively within the limits of their authority established by the relevant legislative acts of the Russian Federation.

The operational units of the bodies carrying out operational investigative activities are entitled to carry out operational investigative measures together with the employees of the penitentiary system in pre-trial detention centers of the penitentiary system.

Bibliographic list

1. Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=138322;fld=134"] law [/ DLMURL] of 29.11. 2012 N 207-ФЗ "On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" // SZ RF. 2012. N 49. Article 6752.

2. Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=144693;fld=134"] law [/ DLMURL] of 12.08. 1995 N 144-FZ "On the operational-search activity" (as amended on 04/05/2013) // SZ RF. 1995. N 33. Art. 3349.

3. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=19780;fld=134"] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation of 07/14/1998 N 86-O "In the case of verifying the constitutionality of certain provisions of the Federal Law" On operational-search activity "on the complaint of citizen I.G. Chernova" // SZ RF. 1998. N 34. Art. 4368.

4. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=50150;fld=134"] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation of 07/15/2004 N 304-O "On the refusal to accept the consideration of citizen Trifonova Valentina Stepanovna for violation of her constitutional rights by clause 3 of the first part of article 6 and clause 1 of the first part of article 15 of the Federal Law" On operational search activity "// ATP" Consultant Plus".

5. Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=52146;fld=134"] law [/ DLMURL] of 24.07. 2007 N 211-ФЗ "On Amending Certain Legislative Acts of the Russian Federation in Connection with the Improvement of Public Administration in the Field of Countering Extremism" // Russian Newspaper. 08/01/2007. N 165.

6. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ARB;n=20181;fld=134"] Judgment [/ DLMURL] of the European Court of Human Rights person dated 12/15/2005 "Vanyan (vanyan) v. Russia" // Bulletin of the European Court of Human Rights. Russian edition. 2006. N 7.P. 57, 102 - 116.

7. Ebzeev B.S. Person and state in Russia: mutual responsibility and constitutional duties. M .: Norma, 2007.S. 113.

8. Meadow V.F. Problems of constitutionalization of operational investigative activity // Constitutional and legal problems of operational investigative activity: collection of materials of the All-Russian round table. November 3, 2011 / V.V. Abramochkin, A.S. Alexandrov, V.M. Atmazhitov and others; comp. K.B. Kalinovsky. St. Petersburg: Petropolis, 2012.218 s.

9. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=19780;fld=134"] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation of 07/14/1998 N 86-O "In the case of the constitutionality of certain provisions of the Federal Law" On operational-search activities "on the complaint of citizen I.G. Chernova" // SZ RF. 1998. N 34. Art. 4368.

10. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=54259;fld=134"] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation of 04/22/2005 N 198-O "On the refusal to accept for consideration a complaint of a citizen Andrei Arkadyevich Vereshchagin about a violation of his constitutional rights by the provisions of Article 7 of the Federal Law" On operational-search activity "// ATP" Consultant Plus ".

11. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=55925;fld=134"] Definition [/ DLMURL] of the Constitutional Court of the Russian Federation of 06.06.2005 N 327-O "On the complaint of citizen Chukov Anzaura Nikolaevich about violation of his constitutional rights by the provisions of paragraphs 1 and 3 of the first part of Article 6 and subparagraph 1 of paragraph 2 of the first part of Article 7 of the Federal Law" On the operational-search activity "// SPS" Consultant Plus".

12. Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=139840;fld=134"] law [/ DLMURL] of 04.20. 1995 N 45-ФЗ "On state protection of judges, officials of law enforcement and regulatory bodies" (as amended on 12/25/2012) // SZ RF. 1995. N 17. Art. 1455.

13. Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=122372;fld=134"] law [/ DLMURL] of 08.20. 2004 N 119-FZ "On state protection of victims, witnesses and other participants in criminal proceedings" (as amended on 11/30/2011) // SZ RF. 2004. N 34. Art. 3534.

14. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=121414;fld=134"] Law [/ DLMURL] of the Russian Federation of 21.07. 1993 N 5485-1 "On state secrets" (as amended on 11/08/2011) // SZ RF. 1997. N 41. Art. 8220 - 8235.

15. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=143575;fld=134"] Decree [/ DLMURL] of the President of the Russian Federation of 30.11 .1995 N 1203 "On approval of the List of information classified as state secret" (as amended on March 19, 2013) // SZ RF. 1995. N 49. Art. 4775.

16. Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=117492;fld=134"] law [/ DLMURL] of 09.02. 2007 N 16-FZ "On Transport Security" (as amended on July 18, 2011) // SZ RF. 2007. N 7. Article 837.

17. Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=117196;fld=134"] law [/ DLMURL] of 21.07. 2011 N 256-ФЗ "On the safety of the fuel and energy complex" // SZ RF. 2011. N 30 (part I). Art. 4604.

18. Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=132068;fld=134"] law [/ DLMURL] of 23.11. 2009 N 261-ФЗ "On energy conservation and on improving energy efficiency and on amendments to certain legislative acts of the Russian Federation" (as amended on 12/25/2012, as amended on 04/05/2013) // SZ RF. 2009. N 48. Article 5711.

19. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=122612;fld=134"] Law [/ DLMURL] of the Russian Federation of 11.03. 1992 N 2487-1 "On private detective and security activities in the Russian Federation" (as amended on 12/03/2011) // Vedomosti SND RF and RF Armed Forces. 1992. N 17. Art. 888.

20. Federal [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=146206;fld=134"] law [/ DLMURL] of 25.12. 2008 N 273-ФЗ "On Combating Corruption" (as amended on December 29, 2012) // SZ RF. 2008. N 52 (part I). Art. 6228.

21. Criminal Procedure [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ROS;n=145802;fld=134"] code [/ DLMURL] of the Russian Federation of 18.12.2001 N 174-ФЗ (as amended on 04/05/2013) // SZ RF. 2001. N 52 (Part I). Art. 4921.

22. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=LAW;n=68251;fld=134"] Order [/ DLMURL] Ministry of Internal Affairs of the Russian Federation N 368 , Federal Security Service of the Russian Federation N 185, Federal Security Service of the Russian Federation N 164, Federal Customs Service of the Russian Federation N 481, Russian Foreign Intelligence Service N 32, Federal Penitentiary Service of the Russian Federation N 184, Federal Security Service of the Russian Federation N 97, Ministry of Defense of the Russian Federation N 147 of 04/17/2007 "On approval of the Instructions on the procedure for presenting the results of operational search activities of the interrogating officer, body of inquiry, investigator, prosecutor or the court "// Rossiyskaya Gazeta. 05/16/2007. N 101.

23. [DLMURL="https://login.consultant.ru/link/cgi/online.cgi?req=doc;base=ARB;n=280069;fld=134"] Definition of the [/ DLMURL] Constitutional Court of the Russian Federation of 05/11/2012 N 814-O "On the refusal to accept for consideration the complaint of citizen Anosov Igor Viktorovich about the violation of his constitutional rights by Articles 74, 75 and 81 of the Code of Criminal Procedure of the Russian Federation" // ATP Consultant Plus.