TO THE PROBLEM OF ENSURING HUMAN RIGHTS AND FREEDOMS AND A CITIZEN IN THE IMPLEMENTATION OF OPERATIONAL-SEARCH ACTIVITIES AND IN THE CRIMINAL-EXECUTIVE SYSTEM
Academy of the FPS of Russia (Ryazan, Russia), applicant of the faculty of scientific and pedagogical personnel of the Academy of the FPS of Russia
The article deals with the problems of ensuring the rights and freedoms of man and citizen in the implementation of operational-search activities in the penal system. Special attention in the article is paid to the peculiarities of operational-search activity in the Federal Penitentiary Service of Russia, its essence, grounds and conditions. In the study of individual problems in ensuring human and civil rights and freedoms, it was revealed that there was no
clear correlation between the Constitution of the Russian Federation and the Federal Law of 12.08.1995 No. 144-FZ “On Operational Investigative Activities” (hereinafter – the Federal Law on ORD), which is why the main difficulties arise with the interpretation and correct provision of certain human and civil rights and freedoms. It also highlights the problem of a low level of understanding of some regulatory legal acts by the bodies carrying out operational-search activities. Possible ways of solving the above problems are given, which are of a recommendatory nature.
operational-search activity; human and civil rights and freedoms; the Constitution of the Russian Federation