{"title":"法律上的不作为:侦查活动在打击犯罪任务中实施的问题","authors":"V. Semenchuk","doi":"10.31857/s102694520018545-0","DOIUrl":null,"url":null,"abstract":"The article describes the problematic issues about the operative-investigative control over the continuing crimes. The author presents the reasons why operative officers don’t immediately suppress crimes. Analysis of judicial practice shows that such forced inaction is recognized as acceptable because of various socially justified reasons, although there is no sufficient legal basis for this. For the solvation of presented problem author proposed to improve the Federal Law “On operative-investigative activity”: establish the conditions for documenting continuing crimes; establish the definitions for the operative-investigative measures and special conditions for the “experimental” measures; provide guarantees for the restoration of the victim’s rights violated due to the necessity of the operative-investigative control over continuing crimes.","PeriodicalId":82769,"journal":{"name":"Sovetskoe gosudarstvo i pravo","volume":"25 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Lawful inaction: problem issues about the implementation of the operative-investigative activity during the solvation of the crime suppression task\",\"authors\":\"V. Semenchuk\",\"doi\":\"10.31857/s102694520018545-0\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article describes the problematic issues about the operative-investigative control over the continuing crimes. The author presents the reasons why operative officers don’t immediately suppress crimes. Analysis of judicial practice shows that such forced inaction is recognized as acceptable because of various socially justified reasons, although there is no sufficient legal basis for this. For the solvation of presented problem author proposed to improve the Federal Law “On operative-investigative activity”: establish the conditions for documenting continuing crimes; establish the definitions for the operative-investigative measures and special conditions for the “experimental” measures; provide guarantees for the restoration of the victim’s rights violated due to the necessity of the operative-investigative control over continuing crimes.\",\"PeriodicalId\":82769,\"journal\":{\"name\":\"Sovetskoe gosudarstvo i pravo\",\"volume\":\"25 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Sovetskoe gosudarstvo i pravo\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.31857/s102694520018545-0\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Sovetskoe gosudarstvo i pravo","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31857/s102694520018545-0","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Lawful inaction: problem issues about the implementation of the operative-investigative activity during the solvation of the crime suppression task
The article describes the problematic issues about the operative-investigative control over the continuing crimes. The author presents the reasons why operative officers don’t immediately suppress crimes. Analysis of judicial practice shows that such forced inaction is recognized as acceptable because of various socially justified reasons, although there is no sufficient legal basis for this. For the solvation of presented problem author proposed to improve the Federal Law “On operative-investigative activity”: establish the conditions for documenting continuing crimes; establish the definitions for the operative-investigative measures and special conditions for the “experimental” measures; provide guarantees for the restoration of the victim’s rights violated due to the necessity of the operative-investigative control over continuing crimes.