WAYS TO IMPROVE THE PENAL ENFORCEMENT LEGISLATION IN TERMS OF REGULATING THE IMPLEMENTATION OF CRIMINAL INTELLIGENCE
Antonov T.G.
Tomsk IPKR of the FPS of Russia (Tomsk, Russia), the Head of the Department of organization criminal intelligence, Candidate of Law, Associate Professor.
Annotation:
The implementation of operational investigative activities by institutions and bodies of the penal enforcement system is regulated by the penal enforcement legislation, as well as Federal Law No. 144-FZ of 12.08.1995 «On operational investigative activities». At the same time, the first determines the scope and limits of operational investigative activities in the penal enforcement system. With the help of a systematic interpretation of the norms of law, the author analyzed the current legislation regulating the implementation of operational investigative activities by institutions and bodies of the penal enforcement system. The purpose of this analysis was to identify gaps in the norms of penal enforcement legislation in this area. As a result of the study, it was revealed that two issues are quite clearly regulated in the Criminal Executive Code of the Russian Federation. This is the implementation of operational investigative activities in correctional institutions and the search for those sentenced to punishments not related to the isolation of convicts from society. At the same time, since 2017, such a type of criminal punishment as forced labor has been applied in Russia. The legal regulation of operational investigative activities in its execution is insufficient today. The author proposed to formulate a special norm regulating this field of activity. In conclusion, a variant of such a rule is proposed, which can be included in the Penal Enforcement Code of the Russian Federation.
Keywords:
operational investigative activity, forced labor, correctional center, execution of criminal penalties.
