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IMPLEMENTATION OF PROSECUTOR'S SUPERVISION OVER OBSERVANCE OF LAWS IN THE OPERATIONAL SEARCH ACTIVITY

Annotation

The article is devoted to the organization of prosecutor's supervision over observance of the rule of law entities engaged in the operational-search activity. Historical analysis of this activity shows that until the mid 80-ies. it is regulated by closed departmental acts of the Ministry of Internal Affairs, KGB and other organs and was outside the legal field. The first law on OSA which was adopted by 13 March 1992, in general outlines defines powers of the prosecutors in the exercise of supervision over the legality of the operational search activities. Today, in view of secrecy OSA, public prosecutor's supervision is the most effective means of establishing the rule of law in the implementation of these activities. We study the organization of prosecutor's supervision. It is noted that the subject of supervision performs the following actions: clarifies the subject and content of supervision, it provides information and analytical component, plans its activities, implements planned supervisory activities, evaluate progress, with their subsequent implementation. We study the content of prosecutorial supervision over the implementation of laws in the implementation of the OSA problems to identify, prevent and combat crime. For proper organization of the activity in question is given a brief description of these types of activities ORI. The author examines three main areas of supervision, carried out to comply with the rights and freedoms of man and citizen in solving the tasks of identifying, preventing and combating crime. When working in these destinations oversight entity should consider the following information: describing the action (or inaction) ORI on the received initial operational information, which has signs of the preparation and commission of the offense; relating to the activities of the ORI on integrated use of forces, means, methods of OSA aimed at addressing the identification of problems, preventing and combating crime; which show compliance with the conditions of the ORM which relate limitation of the rights and freedoms of man and citizen. It is noted that in the organization and implementation of supervisory attention is drawn to the following conditions: compliance with the law in the institution, and the cessation of operational accounting affairs; timeliness relating to their institutions, production, and cessation; legality and completeness of the OSA.

Keywords

prosecutor's supervision; organization of prosecutor's supervision; supervision object; the prosecutor response acts

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Pages

170-176

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