CONDUCTING COVERT INVESTIGATIVE ACTIVITIES INVOLVING INTERFERENCE WITH PRIVATE COMMUNICATIONS FOR THE PURPOSE OF CONDUCTING A SPECIAL INVESTIGATIVE EXPERIMENT

Abstract

The article discusses problematic issues and procedures for conducting covert investigative actions during a special investigative experiment: audio and video surveillance of a person; audio and video surveillance of a location; surveillance of a person, object or city; inspection of places, dwellings or other property of a person that are not publicly accessible; extraction of information from electronic communication networks; extraction of information from electronic information systems. The conclusion is made about the need to conduct the specified covert investigative actions and to involve a number of entities in the special investigative experiment. The types of special investigative experiments were classified according to the following criteria: by the subjects initiating and conducting them (prosecutor; investigator; operational unit that carried out the preliminary operational development of the suspect; with the involvement of specialised operational units); depending on the procedure for obtaining permits to conduct them (permission to conduct is granted by the prosecutor; permission to conduct is granted by the investigating judge); depending on the complexity of the conduct (special investigative experiment without supporting covert investigative actions; special investigative experiment in conjunction with preventive operational-investigative measures; special investigative experiment in conjunction with preventive covert investigative measures); with the involvement of third parties (natural or legal persons who are unaware of the unlawful nature of the actions; with the involvement of a person with whom operational contact has been established; with the involvement of an informant or applicant); by time limits (continuous – ongoing; one-time; interruptible); by the use of covert investigative measures (pre-identified measures; covert simulation measures; special technical measures).