Historical and Legal Aspects of Prosecutor’s Supervision of Intelligence Activities in the Russian Federation

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Abstract

The relevance. The origin, formation and further development of prosecutorial supervision over intelligence activities as an independent scientific direction is dictated, first of all, by the emergence in the Russian Federation of an independent intelligence law. It was it that determined the need for not only an official, but also an unofficial doctrinal (scientific) interpretation of prosecutorial supervision of operational-investigative activities as an independent type, separating it into an independent legal direction.

Formulation of the problem. The article is devoted to the analysis of the essential problems of the historical and legal understanding of the organization of prosecutorial supervision over intelligence activities in the Russian Federation. The article describes the historical and legal aspects of the supervisory activities of the Prosecutor’s Office of Russia in relation to the intelligence activities. The correlation of the historical and legal understanding of the goals and objectives of prosecutorial supervision, in general, with the subject and limits of this type of supervision is analyzed, based on the scientific historical and legal understanding of the legal norms of various legal institutions. The ways of ensuring the rule of law in the intelligence activities are outlined through the prism of a comprehensive, expanded understanding of the essence of prosecutorial supervision of the intelligence activities at various stages of its formation, taking into account the goals and objectives in their relationship. The prosecutor’s supervision of the intelligence activities in the Russian Federation is considered as an integral, independent, rather separate direction of the prosecutor’s functions.

Purpose of the study. Based on the analysis of the accumulated experience and existing scientific approaches to prosecutorial supervision over the operational-search activities of the internal affairs bodies, characterize it and highlight the historical and legal aspects of prosecutorial supervision over the operational-search activities of the internal affairs bodies of the Russian Federation.

Research methods: dialectics, hermeneutics, analysis, content analysis (in the selection and study of material on the topic); comparative legal (in the study of legal phenomena and theories of regulatory legal acts).

Results and key findings. As a result of the study, based on the analysis of practice and literature in the field of prosecutorial supervision of operational-investigative activities, the author’s edition outlines the historical and legal aspects of the supervisory activities of the Russian prosecutor’s office in relation to operational-investigative activities; conclusions are described on the correlation of the historical and legal understanding of the goals and objectives of prosecutorial supervision, in general, with the subject and limits of this type of supervision, based on the scientific historical and legal understanding of the legal norms of various legal institutions; outlined ways to ensure the rule of law in operational-investigative activities through the prism of a comprehensive, expanded understanding of the essence of prosecutorial supervision of operational-investigative activities at various stages of its formation, taking into account the goals and objectives in their relationship.

The author’s conclusion is made and substantiated about the expediency of building a systematic and consistent combination of functions, both law enforcement and human rights, including because the need for prosecutorial supervision of the legality of operational-search activities is determined not by general, but by special, sectoral means of supervision and control specifics.

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About the authors

Andrey A. Maydykov

Management Academy of the Ministry of Internal Affairs of Russia

Author for correspondence.
Email: maydikov@mail.ru

Cand.Sci.(Law), Associate Professor, Police Lieutenant Colonel, Associate Professor of the Department of Organization of Intelligence Activities

Russian Federation, Moscow

Gor G. Sarkisyan

Management Academy of the Ministry of Internal Affairs of Russia

Email: djegan@mail.ru

Cand.Sci.(Law), Associate Professor, Associate Professor of the Department of Organization of Intelligence Activities

Russian Federation, Moscow

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