THE LEGAL NATURE AND THE DISTINCTION BETWEEN OPERATIONAL-SEARCH MEASURES AND SECRET INVESTIGATIVE ACTIONS

Abstract

In article the essence, value, signs and mission of such important ways of cognitive and search activity as investigation and search operations and secret investigative actions are considered. The place of the main instrument of operational search activity – investigation and search operations within and outside criminal trial is defined. Similarities and differences between these one-subject (in sense of process of knowledge) by actions of bodies criminal presledovaniya: operativno-search actions and secret investigative actions are visually shown. On the basis of generalization of special and standard sources also integration of operational search and criminal procedure proof, necessary owing to a legislative regulation, on criminal cases which can't be limited only to a scope of secret investigative actions is proved obvious to law enforcement. Authors of work establish the fact that in criminal trial of Kazakhstan has been created and the reliable platform is successfully applied to legal involvement and wide use of results of operational search activities in process of proof for criminal cases.

Are exposed to the evidence-based analysis of the short story of the criminal procedure and operational search legislation of the Republic of Kazakhstan of December 21, 2017, contained in the Law "About Modification and Additions in Some Acts of the Republic of Kazakhstan concerning Modernization of Procedural Bases of Law-enforcement Activity". In particular, an assessment is given to the innovations connected with artificial division of operational search activity into two look (investigation and search operations and secret investigative actions) depending on existence or lack of production on criminal cases with conditions and order of their carrying out, acquaintance with the corresponding materials which aren't attached to criminal case. It is noted that they have caused emergence of new problems both in the theory of criminal trial, and in law-enforcement practice.