LEGAL PROBLEMS OF THE PROSECUTOR’S USE OF THE RESULTS OF OPERATIONAL INVESTIGATIVE ACTIVITIES IN CRIMINAL PROCEEDINGS
Authors:   Kutafin Moscow State Law University (MSAL), Moscow, Russian Federation, ISAENKO V.N. 
Published: January 2025

The article deals with certain issues related to the use by the prosecutor of the results of operational investigative activities (ORD) in criminal proceedings in modern legal conditions. It is being stated. that his capabilities in this are significantly limited. what practitioners reasonably pay attention to. as well as scientists. The hitherto unexplained removal of the prosecutor from the list of subjects of the preliminary investigation, leaving only the supervisory function for him, automatically deprived the prosecutor of the right to give instructions on the conduct of operational investigative measures. to receive and use their results in pre-trial criminal proceedings. As for the possibilities of their use by the prosecutor in preparation for the maintenance of public prosecution in court and in the direct implementation of this activity. They are also limited at this stage of the criminal proceedings. In the author’s opinion, this contradicts common sense, since at this stage the prosecutor is the only participant in it on the part of the prosecution, who often needs operational investigative support for his activities. However, the absence in the Federal Law “On Operational Investigative Activities” of norms granting him appropriate powers limits him in the implementation of the procedural and official task of assisting the court in making a lawful decision. a reasonable and fair sentence. The article expresses and substantiates the opinion on the need to return to the prosecutor the right to give instructions to operational investigative bodies on the implementation of appropriate measures. This would significantly increase the effectiveness of prosecutorial supervision over the enforcement of laws in the investigation of crimes, as well as the possibilities and quality of maintaining public prosecution. To do this, according to the author, it is advisable, first of all, to include in the Federal Law “On Operational Investigative activities” norms establishing the right of the prosecutor to give instructions on the production of operational investigative measures, as well as the duty of heads of bodies. to carry out these orders and provide the prosecutor with information about their results. The author also agrees with the opinion of prosecutors and scientists on the need for appropriate additions to the Federal Law “On Operational Investigative Activities” and the Instructions on the procedure for submitting its results to the body of inquiry, investigator or court in 2013. The provisions introduced in them may be basic for the preparation and implementation of an interdepartmental organizational and administrative document. detailing the conditions and procedure for submitting the results of the investigation to the prosecutor - the public prosecutor, as well as the organization and implementation of his interaction with the staff of operational investigative bodies during the trial. Since the Prosecutor’s office is entrusted with the function of coordinating the activities of law enforcement agencies to combat crime. Its full implementation is necessary not only at the organizational level, but also at the practical level.