The significance of the law enforcement intelligence operations results as evidence in criminal procedure

The article reviews the issues of the use of the law enforcement intelligence results in criminal process as evidence in criminal cases of an economic orientation. The author analyzes the scholarly opinions about the importance and necessity of using the law enforcement intelligence operations resources to prove criminal cases. It is being noted that mixing all available information obtained as the result of law enforcement intelligence operations into one large array is quite reasonable from the point of view of operational investigative legislation, but it’s clearly unacceptable to combine such information for the purposes of criminal process, since the indicated procedural activity has a different purpose and implies a different nature of legal regulation. The results obtaining methods in law enforcement intelligence operations are under study from the perspective of criminal procedural knowledge by their epistemological nature. It is proposed to consider the law enforcement intelligence operations results from the perspective of the provisions of the Federal Law “Concerning Investigative Activities”, but as an object of criminal procedure regulation, that is, in the context of their possible involvement for the needs of investigative and judicial practice. It is concluded that the criminal procedure law needs to set apart such law enforcement intelligence operations results from a large amount of similar information, according to a number of signs. It is proposed to consider a cognitive resource related to the direct perception by operational officers of the traces of a crime and other material or ideal elements of the surrounding reality as one of the criteria for setting apart operational information important for a criminal case. The findings of the study may be of interest to theorists and practitioners of criminal proceedings.

evidence, the results of operational investigations, criminal proceedings