Ensuring the legality of certain investigative actions in cases of terrorist offenses

Abstract

The operational environment on Russian Federation territory continues to be difficult, and in some regions the tendency to its worsening preerves. Thus, the study of the criminal prosecution concerning the cases of terrorist crimes is one of the urgent problems in modern Russian criminal procedure science.

A great part of those who committed terrorist offenses are in conflict, they do not contact with an investigator, show aggression, threaten with violence. In these circumstances, the problems concerning the ensurance of investigative action legality appears. In order to solve this problem we based on the basic provisions of a systematic approach to the study. In addition to a general scientific knowledge method the special public-scientific methods of cognition were used: logical-legal; comparative legal, historical legal, specific sociological, systematic and structural, statistical method, the method of analysis, synthesis and legal simulation.

The article analyzes the theoretical and criminal procedural features concerning the legality of certain investigative actions provision in cases of terrorist crimes. Specific proposals are introduced to improve the techniques and tactics of various type of inspection and examination provision.

The necessity of citizen constitutional rights observance in the process of an investigation performance, especially in relation to the conflict suspected (accused ones), who tend to make false statements and mislead an investigator.

Specific measures were proposed to avoid a physical impact against an interrogated person. The results of practitioner interviewing were presented: investigators, prosecutors and judges, who expressed the support for the proposals aimed at the provision of the rule of law during the investigative actions in cases of terrorist crimes. Based on the study of judicial practice, the argued proposed measures in the article, excluding the physical impact of the suspects (defendants) are applied successfully in the remedial activity.

Thus, the studies conducted in the article make it possible to state that the practice of a number of foreign countries using the methods of physical influence in the production of an interrogation concerning foreign, in particular the Israeli secret services is not acceptable. It promotes the formation of permissiveness and will lead to lawlessness.

The article proposals may be introduced into the practice of investigative action performance, the compliance with the criminal procedure legislation will contribute to an effective implementation of criminal prosecution.