search or inspection

[Eugen]

Andrey Zakharov of course Thank you. Please move to a private section. My opinion: We should not teach users the basics of the ARD (there are a lot of personalities on the Internet who will analyze and violate the main principle all on the basis of the law and within the framework of the law to the benefit of the motherland, and of course you need to be reminded of counteraction to law enforcement agencies). If the word slips with the ARD, it is somehow bearable.

 

[Детективное агентство Астрахань]

Robert is a practitioner, he showed on a concrete example (I had a similar case), and the theory can be stretched endlessly, especially with the bar.

 

[Магат]

Andrey Zakharov of course Thank you. Please move to a private section. My opinion: We should not teach users the basics of the ARD (there are a lot of personalities on the Internet who will analyze and violate the main principle all on the basis of the law and within the framework of the law to the benefit of the motherland, and of course you need to be reminded of counteraction to law enforcement agencies). If the word slips with the ARD, it is somehow bearable.

And what and who, and how, will be able to violate using this discussion?
And what are the basics of the horde? A rather serious aspect of the work was considered ...

 

[Андрей Захаров]

Of course, I don’t know what kind of “example” the practitioner Robert showed ... Who, even not knowing the existence of these documents, discusses their shortcomings .... And what does the theory have to do with it ... If this is a practice of application, not theoretical aspects. .. I completely agree with Oleg (Magat) that having examined this topic, it is unlikely that anyone will be able to use it to commit any illegal actions ... The thing is that those who have intentions really commit some kind of crime (believe me), there are a lot of consultants and advisers (including those from the law enforcement system) for whom everything that was said above is not a secret ... In addition, all these thoughts are from completely open sources of information (in including an order) ... In addition, again, believe me, for a person who did not work in the system or does not have a sufficient level of legal training, everything that was mentioned in this topic is nothing more than an empty phrase ... Let certainly interesting from the point of view of the layman, but still empty .... (about the ARDS, etc.) ... And it will not be empty only when a person himself directly faced with these issues, prepared any activities and implemented them, drew up real documents ...

 

[Арсен]

I remembered that we had such a survey in the institution, sanctioned by the head of the FSB, due to a leak of information, as a state secretary, the FSB officers came in and blocked the Grad building. Everyone looked, opened ..... But this is a state institution, showed the decree to our boss, he gave the corresponding order to provide and facilitate.
But I’m not supposed to know the police Instructions: another department. By the way, some kind of dead instruction. In a residential building this cannot be done anyway.

Robert ... Regarding the "not supposed to know" ... Are you still in the civil service? In the Office not involved in the Ministry of Internal Affairs? I understood correctly or not ... Among other things, the Law on the ARD is one for all ... Regardless of the departmental affiliation .... And the instruction (approved by the departmental order) only regulates the order of events ... Moreover, it (instruction) was approved by the Ministry of Justice ... At the same time, the legality of these events is regulated not by the Order, but by the Law on the Horde ... And another question, what about the home, where, in what document it is written that in the home to conduct this event prohibited ... Or is it just your conclusion, not based on the rule of law? I would like to hear the answer with reference to the relevant documents ... (since you Robert "fit into the topic) ....

I support Andrei Valerievich regarding the relationship of the law on the ARD to all departments! And in occasion of (it is forbidden to conduct this event in the home), this is really noted in this order. The order says that this event does not apply to
residential premises, but mainly to office. And in my opinion, the order to carry out these measures mainly relates to
performance management.

 

[Андрей Захаров]

Of course Arsen ... There is a corresponding reference to the non-proliferation of the actions of this instruction (not the actions to conduct a survey of the home, as such, namely the instructions, that is, the procedure for conducting these actions) to conduct a survey of the home ... However, this does not cancel the general principle (concerning actions committed with violation of the inviolability of the home) specified in the Law on the ARD (including the requirements specified in Article 8) ... It should be noted in this connection that the right to conduct such actions arises from law enforcement not in accordance with the instructions approved by the departmental order, but with the Law on the ARD ... As they say, feel the difference)))) But the instruction simply regulates the procedure for carrying out these actions (documentation, etc.) permitted by the Law ... without violating him ... In this connection, Arsen’s conclusion that holding these events in the home is forbidden is fundamentally wrong ... It’s just that when conducting such events in the home, you don’t need to use the order to its holding, regulated in this instruction, approved by departmental order ....
Excerpt from paragraph 1 of the Order
"This Instruction determines the procedure for conducting by the employees of the internal affairs bodies of a public operative-search measure inspection of premises, buildings, structures, sections of terrain and vehicles * (1).
The employees of the internal affairs bodies organizing and conducting the survey, as well as participating in it, are guided by the Constitution of the Russian Federation, federal constitutional laws, the Law of the Russian Federation of April 18, 1991 N 1026-I "On Police" * (2), and the Federal Law dated August 12, 1995 N 144-ФЗ "On operative-search activity" * (3) (hereinafter - the Federal Law "On operative-search activity"), other federal laws, Decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, regulatory legal acts of the Ministry of Internal Affairs of the Russian Federation, as well as these Instructions.
The effect of this instruction does not apply to the inspection of residential premises. "

 

[Арсен]

Andrey Zakharov of course Thank you. Please move to a private section. My opinion: We should not teach users the basics of the ARD (there are a lot of personalities on the Internet who will analyze and violate the main principle all on the basis of the law and within the framework of the law to the benefit of the motherland, and of course you need to be reminded of counteraction to law enforcement agencies). If the word slips with the ARD, it is somehow bearable.

Eugene, please explain! Why did you write this bullshit? What are the basics of the Horde Horde? Whom should we not teach? What is the opposition to law enforcement agencies on hr? What are the personalities of the Internet or users? One such user
are you, me and many more. No, if I did not understand or misunderstood what you wrote, then I apologize in advance.

 

[Андрей Захаров]

But Robert is still gone .... As well as answers to questions addressed to him ... As always ...

 

[Роберт]

Yes, I know everything. : D was fun to listen to your moralizing. There, they figured it out themselves. And the Ministry of Justice in Russia, too, sometimes gives such foams, wow, the Holy Cow also gives me ..... I just didn’t notice the prefix “not” before the word. We have everything behind the scenes, in our systems: D and the instruction is all the same ...... Bad. Why? Yes, because a stupid opera will follow the path of least resistance with this instruction and will fail. Or clever: D will specially fill up for the loot: D The results of the ARD according to the current practice are accepted by the court: D as evidence, if they have the sanction of the court. Well, if correctly legalized. And in court, for example, in St. Petersburg, such cartoons will not work, objects seized in this way may not be recognized as evidence. Our St. Petersburg prosecutor’s office is well aware of this and the indictment itself may not be approved.

 

[Роберт]

And in general, between us, this is an extremely harmful document provoking operatives to make mistakes in their work, so that later they can be manipulated. In the system of the Ministry of Internal Affairs, the Federal Drug Control Service there are a lot of such legal traps. Did hastily and bang excess. An attorney can easily write such complaints immediately after signing the protocol. This, by the way, is a separate topic for those who worked with operas, and who were “fixed” after work. There are many cases.