PROBLEMS OF USING THE RESULTS OF OPERATIVE-RESEARCH ACTIVITIES IN CRIMINAL PROCEDURE PROVING

The investigative form determines the possibility and methods of using the results of operative-research activities in proving in criminal cases. A comparative analysis of doctrinal approaches to the problem of using the results of operative-research activities in criminal procedure proving makes it possible to determine the limit of modernization of the investigative model of proving. At present, the transition to an adversarial criminal procedure model of proving is impossible for objective reasons. The problem of optimizing the use of the results of operative-research activities in criminal procedure proving may be solved only if the existing, i. e. investigative, criminal procedure model is preserved. The approach to solving this problem through the creation of operative-research law seems to be wrong. The categorical ban on using the results of operative-research activities in proving must be lifted, since it is outdated and does not correspond to the prevailing legal realities. In the future, a more radical deformalization of the use of the results of operative-research activities in proving in criminal cases is possible in conjunction with the reform of the preliminary investigation.