Author

Lugovik V.F.

Title of article

Crime detection code of the Russian Federation (the author’s draft of the federal law)

Section

Law enforcement policy

Issue, year

1 (31) 2015

Abstract

The author’s draft of federal law contains 12 chapters, including 81 articles. The most important terms definitions are fixed. The content of 9 crime detection activities’ principles is revealed. Special chapter is devoted to the participants in detective activities. For the first time the rights and duties of the head of crime detection body, operational unit head, detective, prosecutor, judge, specialist are determined at the legislative level. The order of crime detection procedure is determined (based on case, facts, verified materials). Coercive measures to ensure the crime detection procedure are provided: arrest; search; seizure; destruction of documents, things, materials, substances; restriction of the communication networks and means of communication use; communications services suspension. The   process of implementing and documenting crime detection actions is regulated in detail. The procedure for the submission of crime detection activities’ results to the agency in charge of preliminary investigation, investigator or court is established. The judicial procedure for evaluating the results of crime detection activities, obtained by unforeseen circumstances, is proposed. The adoption of crime detection code will require: changing and amending criminal, criminal procedural, labour legislation; amending normative legal acts regulating the admission of persons to the state secret; bringing the normative legal acts of the detective bodies in accordance with the code; publishing the decrees of the RF President on the procedure of exercising the crime detection activities outside the RF territory or to maintain or restore international peace and security, interaction of the detective bodies and telecommunications providers, control over detective activities.

Keywords

crime detection code, crime detection activities, legislation, crime detection procedure.