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Russian Law Enforcement Intelligence-Gathering Legislation: Problems and Ways to Address Them, Taking into Account the Experience of Some CIS Countries

AGARKOV, ALEKSEI V.

Penitentiary science, 2021-03, Vol.15 (1), p.194-201 [Periódico revisado por pares]

Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)

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  • Título:
    Russian Law Enforcement Intelligence-Gathering Legislation: Problems and Ways to Address Them, Taking into Account the Experience of Some CIS Countries
  • Autor: AGARKOV, ALEKSEI V.
  • Assuntos: intelligence-gathering activities ; intelligence-gathering code ; intelligence-gathering law ; intelligence-gathering measures ; problems ; shortcomings ; theory of intelligence-gathering activities
  • É parte de: Penitentiary science, 2021-03, Vol.15 (1), p.194-201
  • Descrição: Introduction: law enforcement practice and scientific research in the field of the theory of intelligence-gathering activities prove that current Russian intelligencegathering legislation contains quite a few legal gaps and contradictions. The article provides a scientific analysis of a number of problematic issues concerning legal regulation of intelligence-gathering activities conducted in the Russian Federation, with an emphasis on the functioning of operational units of the penal system of the Russian Federation. Aim:to work out proposals to improve national intelligence-gathering legislation by reviewingintelligence-gathering legislation of CIS countries, analyzing the works of scientists on the theory of intelligence-gathering activities and regulatory framework for the work of operational units. Methods: comparative legal method, theoretical methods of formal and dialectical logic, specific scientific methods: legal-dogmatic method, interpretation of legal norms. Results: the article considers the inconsistency between the purpose of intelligence-gathering activities enacted in law and both the law enforcement practice and its legally defined tasks, the absence of a number of significant tasks, as well as the grounds for conducting intelligence-gathering activities by operational units of the penal system, the lack of legal regulation of the content of intelligence-gathering activities and their procedure. To prove the existence of these shortcomings, we analyze the most common intelligence-gathering measures such as questioning and inquiries. Having studied intelligence-gathering laws of several CIS countries we found some norms regulating intelligence-gathering activities in the penitentiary system, the use of which, in our opinion, is possible in Russian context. Based on this, we make proposals to improve legal regulation of intelligence-gathering activities, in particular, by disclosing the concept of each intelligence-gathering activity in the norms of intelligence-gathering law. Conclusions: the article develops and substantiates proposals for improving Russia’sintelligence-gathering law and concludes that it is necessary to transform fundamentally the legislative regulation of intelligence-gathering activities in Russia by adopting the appropriate code. Keywords: intelligence-gathering activities; intelligence-gathering measures; shortcomings; problems; intelligence-gathering law; theory of intelligence-gathering activities; intelligence-gathering code.
  • Editor: Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)
  • Idioma: Inglês
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