Subject: wanted list in the operational-search process. Search in operational search process

And in our court, since the fourth time they abolished the conditional condemnation against the rogue, having changed him the category of crimes on a less serious, and was obliged to appear in his colony-settlement by his move. The convicted appealed against the ruling in the sun, which left everything unchanged. But during the consideration of his complaint, condemned from the place of residence left and began to live happily in the neighboring area. Management asked to give him a prescription, we went and tried to do it, but he, he refused and disappeared. A year later, under the pressure of our court (the judgment does not fulfill the judgment of the court), the Office remembered the convicted person and declared convicted to federal wanted list. And now the happy day has come, he made a new crime, the department's staff delivered him to the lamps, we handed him a prescription, I so understand the search for a search. As the preventive measure he chose a subscription of the unseason, he was pleased again in running
I haven't met the situation as an absurd basis. Who and what should have done in this situation? Were there any other reason to appeal to the court for his arrest and whether the directions are in place of imprisonment. After all, a formally, the rog is no longer mine, removed from the accounting of the grounds for the direction of the presentation is not. None of the bosses did not answer anything intelligible. So there was a sense of guilt for the fact that the reptile is again free.


The prescription was handed, there is a time of arrival. He does not come in KP. KP sends a report on non-profit with registration in Zrip. The report is unsubscribed to the search department. (Further than the actions, what kind of action came up and approved by order, I personally, according to the example of Rostovchan), I have been reporting to the Branch of the UI, they check (not official) (relatives, addresses or more often explanation of the Zhulika himself that he thumps and go anyway), I make a conclusion and either themselves go to court with the view, or send me to the OR. If Zhokoli sits at home and the judge is not read at 102 orders, then the search is not declared, if he hid or the judge thoughtfully read the 102nd, then the search was announced, but in the second case hemorrhoids. In any case, after the drive (UI or SSP) or detention (by the police - oh, hemorrhoids), the court will be held on which it changes (or do not change) the order of investigation.

QUESTIONS who and why invented this, and it is constitutionally or not, who and what, to whom and for what should do specifically - do not ask. If you don't know what to do in FSIN, saying - "I don't know how to do, but you do not do it right," then we beat as we can.


Ministry of Education and Science Russian Federation

Astrakhan branch of the federal state budget educational institution Higher professional education

Saratov State Legal Academy

Department of Criminal Legal Disciplines

Academic discipline: Operational search activities

Search in operational search process

Performed: Amosova E.M.

student 4 courses 44 groups

Scientific adviser:

k.Yu.N., Associate Professor Gorkin V.I.

Astrakhan 2015

Introduction

1. Search for hiding suspects accused, defendants and convicts

2. Search for people missing

3. Features of international search on Interpol

Conclusion

List of bibliographic sources

Introduction

The word "wanted list" in Russian legal terminology has deep historical roots and its content was originally widely and multivalued. Starting from the courts of 1497, 1550, and then the Cathedral deployment of 1649 "Rosom" (Sovka) was commonly referred to as the procedural form on which the state bodies were disclosed and investigating the crimes, and not the affected and representatives of his representatives. The same word meant and establishing truth in the investigation of the circumstances of the crime or prove the guilt, which was carried out by obtaining their own recognition of the accused under torture, hearing testimony, holding full-time rates and other techniques. Before the wanish, it was also implied by the actions of authorized persons on finding and detention of famous criminals.

Over time, the initial meaning of the word "wanted list" was significantly narrowed, since as a result judicial reform 60s XIX century. In the criminal proceedings of Russia, new concepts "inquiry" and "investigation" appeared. The term "wanted list" received its legislative consolidation in Art. 254 Charter of the criminal proceedings of 1864 as one of the types of police inquiry based on the secret methods of investigating, including verbal inquires, chemless observation, as well as other permissible measures to establish criminals, i.e. in its content he was very close modern concept Horde. Denisova I.B. Problems of improving the information and analytical work of criminal investigation units (theses) / Proceedings of Kaliningrad higher School The Ministry of Internal Affairs of the Russian Federation, vol. 1. Kaliningrad: Kaliningrad VSF of the Ministry of Internal Affairs of the Russian Federation, 1995.

Such an approach to determining the essence of the search in domestic criminals was maintained until the middle of the XX century, until an attempt was made to narrow the concept of search by limiting its object to famous criminals and abducted values. This was the impetus for the fact that the concept of search began to be considered in a double sense: in a narrow and wide value. If in the first case, the search was understood in the detection of well-known objects (hidden by the accused missing, etc.), then in the second - the search for unknown objects (not an established criminal, traces of the crime, etc.) that are important for Disclosures and investigations of the crime. In modern work on criminalistics, the wanted list is still identifiable with the activities of the disclosure of crimes and with the Horde as a whole, since its maintenance includes the detection of plotting, preparing and committed crimes, as well as the establishment of perpetrators.

With the birth of the ARD theory, the concept and essence of the search becomes the subject of research in this field of scientific knowledge of the first PhD dissertation on the issues of the search work ORO in 1963 defended V.A. Lukashov, who, speaking against the expansion interpretation of the concept of the search, limited its content to the search for criminals hopped by law enforcement agencies; Persons missing, and other categories of wanted. Such an approach to the concept of search work is currently firmly entrenched in operational-search theory. Gafizov M.Kh., Omanov Sh.S. Investigative actions: Concept, signs and conditions of production // Crime and Society: a collection of scientific papers. - m.; VNII of the Ministry of Internal Affairs of Russia, 2004. - C.194-200.

1. Search, hiding suspects, accused, defendants and convicts

Under the lesions, persons are understood by suspects, accused, defendants and convicts, hiding from investigation and court; Escape from the IVS, from under the convoy of the police, from the court hearing, from correctional and educational colonies, prisons, therapeutic IU, SIZO, from under the convoy, as well as declared from correctional work - after the court accepts the decision to replace correctional work Other types of punishment.

The wanted list of hopping persons begins with initial checks and search engines aimed at discovering and physical detention of wanted. Depending on the category of the wanted and circumstances of their concealment from law enforcement agencies, the initial investigations of the search can be carried out in an urgent or usual basis. Law enforcement agencies are obliged to immediately respond to information containing data on the shoots of detainees, arrested and convicted from IVS, SIZO, IU, as well as from under the police convoy or from under the protection of Guin units.

Organizational provision of urgent action when shooting a detainee or arrested from IVS or from the police convoy is assigned to the duty parts of the Department of Internal Affairs. They organize the harassment of hot pursuit; search by area; posting posts, barriers on routes of the most likely movement and ambushes in places of possible appearance of wanted; search oriented on personnel signs; Use the media search. Barsukova T.V. The concept of urgent investigative actions // All-Russian Scientific and Practical Conference " Modern problems Combating crime ": a collection of materials (legal sciences) - Voronezh; Publishing house Voronezh. IN-TA MIA of Russia, 2004. - C.20-21

When shooting arrested and convicted from SIZO and IU, the initial investigations of the search are carried out by the search departments of this department. The ATS in this case is assisting GUIN units according to previously developed planned plans.

In the event of the escape of suspected accused, defendants and convicts for grave and especially grave crimes by decision of the head of the ATS, a special plan for the search may be commissioned under the conventional name "Siren". This plan includes the preliminary calculation of the forces and means necessary for conducting a large-scale criminal detention operation, as well as the procedure for alerts, collecting and aligning personnel. In this case, there are specific places to place posts, barriers and ambuses, allowing to reliably block the territory of the administrative area; The composition of the search groups and capture groups is determined; The functional responsibilities of the operation participants are being developed and measures are envisaged to organize a sustainable connection between them.

Plans for the search operations "Siren" are available in each territorial ATS, they are organically interrelated with similar plans on the scale of the republic, the region, areas and are coordinated with the relevant plans of neighboring ATS, including in transport. In the necessary cases, they can be introduced in the territory of several administrative entities or on the territory of the subject of the Russian Federation as a whole.

In normal order, initial activities are carried out on the search for suspects accused, hidden from the investigation in respect of which a preventive measure was elected, not related to imprisonment. This procedure implies an active part in the search for investigators and investigators, in the production of which is a criminal case. It should be borne in mind that the non-appearance of the suspect and the accused on the call or the absence of it at the place of permanent residence is not yet the basis for the withdrawal of conscious deviation from investigation or court. In such cases, it is necessary to make sure that the absence of a suspect or the accused is caused by intentional evasion from bringing to criminal liability. Vorontsov S.A. On the ratio of concepts: search, Investigative actions, operational search activities // Problems of Development of Legal Science and Education: Materials scientific and practical conferencededicated to the decade of the Rostov Law Institute of the North Caucasus Academy public service (April 16, 2004). - Rostov-on-Don; Publishing house Skags, 2004. - p.154-163

The search case is one of the types of DW, whose establishment is provided by Art. 10 FZ about the Horde. It serves to accumulate information on the progress and results of the search, its analysis, systematization, work planning, as well as control over its legality and efficiency. Criminal procedural documents are concentrated in it, which are a legal basis for the analysis of the search and implementation of ORM; General work plans for the search case and private plans for solving individual tactical tasks; certificates of their implementation; Service correspondence materials and other operational workbooks.

A decree is made about the institution of search case, which is approved by the head of the territorial law enforcement agencies.

At the same time, accounting and registration documents are filled with departmental regulatory acts on a wanted person, including statistical and search cards, information and identification cards, as well as watchdog. All accounting and registration documents are sent to the information center of the Ministry of Internal Affairs, the Department of Internal Affairs of the Russian Federation, and the guardians are placed in the address bureau of the passport and visa service.

At the head of the search, the plan of events is compiled, which is the organizational basis of work during the local search. Plan search events Approved by the head of the law enforcement agency. In terms of work on a search case, search versions should be formulated about the intended place of stay of the wanted, the necessary general-wide activities and specific measures for checking each extended version are indicated. Bayanov A.I. Strategy and practice in the structure of investigative action // Criminalistic readings dedicated to the 100th anniversary of the birth of Professor B.I. Shevchenko: Abstracts of performances. - m.; Max-Press, 2004. - p.46-49

Common events planned for any search case should include: a survey of relatives, acquaintances, neighbors and colleagues of a wanted person in order to establish places of possible location, routes of movement, links, will accept, personality characteristics; Informing about the search for the Bureau of the registry office at the place of birth and the last residence of the hiding suspect or the accused, where it may contact the name of the last name, about receiving a copy of the birth certificate, marriage, divorce, etc.;

message to the personnel department at the place of the last place of work - to make a check mark in his personal case;

the notice of the military registration and enlistment office about the search for a suspect or accused to prevent his removal from military accounting without notice of this ORO;

obtaining photos, samples of the handwriting, the establishment of a blood group of the wanted; Direction of searching orientations in Oro, on the territory, the maintenance of which is likely to appear as wanted;

the direction of tasks to special receivers for administratively arrested and receivers - distributors in order to identify wanted among detainees;

orientation of employees of special operational search groups on the signs of wanted;

clamusation of fingerprints of fingerprints or other identification information available in law enforcement centers;

the use of confidential assistance to citizens relating to the search for information;

in the necessary cases, making proposals for the imposition of arrest on postal and telegraph correspondence entering the address of the wanted, its relatives or other relations. Instructions "On the basics of organization and tactics of operational and technical measures": approved by the Order of the FSB of Russia, the Ministry of Internal Affairs of Russia, CVR of Russia, FSO of Russia, Sat. President of Russia, FPS of Russia, FSNP Russia, GTC of Russia dated June 19, 1996 №281 / chipboard / 306 / chipboard / 30 / chipboard / 215 / chipboard / 66 / chipboard / 390 / chipboard / 191 / chipboard / 374 / chipboard. (Registered in the Ministry of Russia July 16, 1996 Reg. No. 1125 (with ame. dated April 7, 1999).

wanted missing missing interpol

2. Search for people missing

The search for persons missing, refers to the competence of the Internal Affairs, which are obliged to react to signals indefinitely unapproved disappearance citizens. The duty officer of the Department of Internal Affairs, having received a statement (reports) on the missing disappearance of a person, registers it in the book of accounting for applications and reports of crimes, regardless of the place of its last stay, while he is not entitled to refuse the application for the missing disappearance of a person based on disappearance in the territory served by other ATS.

After that, the Instructions on the organization and tactics of the search work provides for the instruction on the organization and tactics of the OSD formalized application form. In order to verify the application (reports), citizens surveys are conducted, which can be known for the circumstances of the disappearance and other information that are important to clarify the fate of the missing.

The missing person is checked according to the Account Registration Bureau (BNS), detainees and arrested, medical detoxes, special receivers for administratively arrested and dispensers. On the signs of missing, the outfits of patrol and receiving services, duty parts of neighboring ATS, including transportation.

If necessary, departure to the last place of residence of the wanted onset of the investigative-operational group to determine the circumstances of the disappearance, inspect the dwelling of the missing, adjacent terrain and checking places of its possible location.

In the presence of information that the missing turned out to be in the conditions that threaten his life (health), and in all cases of disappearance of young children, search and rescue works are organized on duty officers. Having obtained reliable data on the disappearance of a person from the territory serviced by other ATS, the information necessary for the search is immediately transmitted to the ATS in the territoriality of the telegraph, and the primary check materials are then sent by mail. With the missing disappearance of the face in the path of railway, air, water transport, or at the ODD service facilities on transport, urgent activities are carried out by their duty parts. Instruction "On the procedure for submitting the results of operational investigative activities The body of the inquiry, investigator, prosecutor or to court ": an application to the order of the Federal State Unitary Enterprise of Russia, FSB of Russia, the Ministry of Internal Affairs of Russia, FSO of Russia, FPS of Russia, GTC of Russia, CVR of Russia of May 13, 1998 №175 / 226/336 / 20/410 / 56 (registered in the Ministry of Justice of Russia on September 3, 1998, Reg. No. 16603).

3. Features of international search on Interpol

International wanted list is a complex of operational-search, information and reference and other activities of the competent authorities of the state - the search engine and the requested foreign countries aimed at discovering, arrest and issuing (extradition) of the wanted persons conducted on the territory of each of the participants in the wanted list of states In accordance with the general norms and principles of international law, as well as in accordance with international treaties concluded between these countries and national legislation.

International wanted list is one of the main directions of international cooperation of states in the fight against crime. When implementing an international search, the cooperation of the states is carried out on the basis of generally accepted principles of international law, and, above all, the sovereign equality of states, non-interference in internal affairs, conscientious fulfillment by States of the obligations made, respect for human rights, as well as the inevitability of punishment for a perfect illegal act.

In the course of its implementation, all international legal forms of cooperation of states are used: the conclusion of multilateral and bilateral treaties and agreements, the creation of international universal and regional organizations. But it is B. International Organization The criminal police (MOP) - Interpole - the organizational and procedural design occurred, and then the universal recognition of the practice of international search for hopping criminals, and it is the use of the possibilities of this organization that allows you to search for criminals in a truly global scale. Decree of the President of the Russian Federation of 07/30/1996 No. 1113 (ed. From 10.27.2011) on the participation of the Russian Federation in the activities of the International Organization of the Criminal Police - Interpol // Meeting of the legislation of the Russian Federation, 05.08.1996, No. 32, Art. 3895 // ATP ConsultantPlus, latest update from 09.11.2015.

The activities of the countries participating in the international investigation on Interpol channels are carried out through the mediation of the National Central Bureau (NCB) of Interpol and is coordinated by the MOPO General Secretariat. The permanent organ of Interpola has a significant role in coordinating search activities internationally, in the information support of the international search (by forming and constant actualization of wanted persons) It is part of the units of the General Secretariat of Interpola that the units are entitled to the abolition of the international search announced on the initiative of law enforcement agencies of countries -The Party Interpol, due to the lack of information provided or due to the violation of the standards of INTERPOL. But the leading role in the declaration and implementation of international search belongs to the national police bodies of the Interpol member countries and the Interpol NCB created in their structure.

The international wanted list over the Interpol line is carried out through interpol NCC intermediation and is carried out on the territory of each of the participating states in accordance with the norms of international law, as well as in accordance with national regulatory legal acts. At the same time, law enforcement and other state bodies of the Russian Federation and law enforcement authorities of foreign states are carried out by a complex of operational-search and information and reference activities aimed at finding wanted persons.

In Interpol NCB, international search is carried out:

accused and defendants, hiding from the bodies of inquiry, investigators or trial;

evaded from serving criminal punishment or committed convicts;

persons missing.

Interpol NCB ensures the interaction of law enforcement and other government agencies RF and law enforcement agencies of international member states of Interpol during the implementation of international investigation.

On issues related to the organization and implementation of international investigation, with Interpol NCB interact:

General Secretariat, NCB Interpol Foreign States, representatives of law enforcement agencies of foreign countries;

branches of the NCB Interpol, units of the SCM MVD, GUVD, ATC of the subjects of the Russian Federation; major governance, management of the Ministry of Internal Affairs of Russia; The search units of the Department of Internal Affairs, as well as the search for the department of the URO MVD of Russia, the search parties of the FSB of Russia. Order of the Ministry of Internal Affairs of the Russian Federation №786, Ministry of Justice of the Russian Federation №310, FSB of the Russian Federation №470, FSO of the Russian Federation №454, FSKN of the Russian Federation №333, FCS of the Russian Federation 971 of 06.10.2006 (Ed. From 09/22/2009) on approval of the instructions on the organization of information support for cooperation Interpol lines "(registered in the Ministry of Justice of the Russian Federation 03.11.2006 №8437) // Bulletin of regulatory acts of federal bodies executive power, №47, 20.11.2006 // ATP ConsultantPlus, latest update from 09.112015.

Conclusion

Searching for three main tasks is aimed at the solution of the location of those known law enforcement agencies (suspected accused, defendants missing, other categories of wanted), establishing the identity of corpses and persons who can not report information about themselves due to health or age As well as preventing avoidance of persons from criminal liability, serving the punishment, execution of certain duties, obsolent disappearance.

Festival work should be distinguished from comprehensive crime disclosure activities. If the main task of the search is the detection of already known, established persons, to bring to criminal responsibility of which there are necessary legal grounds, the main task of the disclosure of crimes is the establishment of unknown persons who committed a crime and collecting evidence of their guilt.

The announcement of the search is made only after the investigator (or the person producing an inquiry) of the decision on attracting as a suspect, the accused, and the beginning of the crime disclosure activities are not related to the adoption of any procedural solution. If, when searching for suspects, accused, defendants, law enforcement agencies have a sufficiently diverse information about the identity of the wanted person (installation data, signs, dactyloskopic maps, photographs, information about related and loved ones, etc.), then at the initial stage of the disclosure of most crimes The criminal proceeds in conditions of an acute deficit of information about his personality, special signs, connections and places of possible location.

Search work as a kind of law enforcement, based on the integrated application of operational-search and criminal proceeding measures, is at the same time part of the HFD and part of criminal proceedings. Therefore, the concept of the search can be considered as an independent interdisciplinary concept, partially subordinate to two different concepts, uniting part of the concept of criminal proceedings and part of the content of the Horde.

Thus, under the search work (welding) it is understood as based on criminal procedure and operational-search legislation and individual subbands regulatory acts A comprehensive system of operational-search, criminal procedural, administrative-legal and other activities carried out within the framework of special office production (stage of the operational-search process) authorized by the laws and aimed at the detection of suspects, accused and defendants, without missing persons and other categories of wanted, identifying and eliminating conditions that contribute to long-term shelter of wanted and unstituted disappearance. Bayanov A.I. Strategy and practice in the structure of investigative action // Criminalistic readings dedicated to the 100th anniversary of the birth of Professor B.I. Shevchenko: Abstracts of performances. - m.; Max-Press, 2004. - p.46-49

List of bibliographic sources

1. Criminal Procedure Code of the Russian Federation of 12/18/2001 No. 174-FZ (Ed. Dated July 13, 2015) (with amended and add., Introductionful from 09/15/2015) // Meeting of the legislation of the Russian Federation, December 24, 2001 , №52 (Part I), Art. 4921 // ATP ConsultantPlus, latest update dated 09.11.2015.

2. the federal law 08/12/1995 №144-ФЗ (ed. from 06/29/2015) on operational investigative activities // Meeting of the legislation of the Russian Federation, 14.08.1995, No. 33, Art. 3349 // ATP ConsultantPlus, latest update from 09.11.2015.

3. Decree of the President of the Russian Federation of 07/30/1996 No. 1113 (ed. From 10.27.2011) "On the participation of the Russian Federation in the activities of the International Organization of the Criminal Police - Interpol // Meeting of the legislation of the Russian Federation, 05.08.1996, №32, Art. 3895 // ATP ConsultantPlus, latest update dated 09.11.2015.

4. Order of the Ministry of Internal Affairs of the Russian Federation No. 786, Ministry of Justice of the Russian Federation №310, FSB of the Russian Federation №470, FSO of the Russian Federation №454, RF RF №333, FCS of the Russian Federation 971 of 06.10.2006 (Ed. From 09/22/2009) on the approval of the instructions on the organization of information support Interpol Cooperation "(registered in the Ministry of Justice of the Russian Federation 03.11.2006 No. 8437) // Bulletin of regulatory acts of federal executive authorities, No. 47, 20.11.2006 // ATP ConsultantPlus, latest update from 09.112015.

5. Gorlinov K.K., Vagin O.A. On the legal protection of citizens who assist in the implementation of the Horde. Actual problems Theory and Practices of the OTD OVD: Materials of the Scientific and Practical Conference, M.: Academy of the Ministry of Internal Affairs of Russia, 1996.

6. Denisova I.B. Problems of improving the information and analytical work of criminal investigation units (theses) / Proceedings of the Kaliningrad Higher School of the Ministry of Internal Affairs of the Russian Federation, vol. 1. Kaliningrad: Kaliningrad VSF of the Ministry of Internal Affairs of the Russian Federation, 1995.

7. Krylov I.F., Bystoykin A.I. Search, inquiry, consequence: studies. Benefit. L.: Publishing house Leningrad. University, 1984.

8. Marcushin A.G. Operational search activities - the need and legality. N. Novgorod: Nizhny Novgorod VSH Ministry of Internal Affairs of the Russian Federation, 1995.

9. Surkov K.V. The principles of the Horde and their legal support in the legislation regulating the suction: monograph, St. Petersburg: St. Petersburg jurid. Ins-T of the Ministry of Internal Affairs of Russia, 1996.

10. Vorontsov S.A. On the ratio of concepts: search activities, investigative actions, operational-search activities // Problems of the development of legal science and education: materials of the scientific and practical conference dedicated to the decade of the Rostov Law Institute of the North Caucasus Academy of Public Service (April 16, 2004). - Rostov-on-Don; Publishing house Skags, 2004. - s. 154-163.

11. Gafisov M.Kh., Omanov Sh.S. Investigative actions: the concept, signs and conditions of production // Crime and Society: a collection of scientific papers. - m.; VNII of the Ministry of Internal Affairs of Russia, 2004. - C.194-200.

12. Zhuk E.V., Malysheva E.V. The optimal combination of investigative and operational-search actions is a guarantee of the rapid disclosure of grave crimes // Military legal officers of the Volga region: a collection of scientific papers. - Samara; Publishing house Samar. Humanite. Acad., 2004. - №2. - p.139-14.

13. Starostin V.E. Procedural restrictions on the revision of decisions on the termination of a criminal case on non-conventional grounds // Problems of legal liability: History and modernity: Articles Following the All-Russian Scientific and Practical Conference. - Tyumen; Publishing House of Tyula, 2004. - Ch. 1. - C.195-200.

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Ministry of Education and Science of the Russian Federation

Astrakhan branch of the Federal State Budgetary Educational Institution of Higher Professional Education

Saratov State Legal Academy

Department of Criminal Legal Disciplines

Educational discipline: operational search activities

Search in operational search process

Performed: Amosova E.M.

student 4 courses 44 groups

Scientific adviser:

k.Yu.N., Associate Professor Gorkin V.I.

Astrakhan 2015

Introduction

Search for hurdled suspects accused, defendants and convicts

Search for people missing

FEATURES OF INTERNATIONAL LISE ON INTERPOL

Conclusion

List of bibliographic sources


The word "wanted list" in Russian legal terminology has deep historical roots and its content was originally widely and multivalued. Starting from the courts of 1497, 1550, and then the Cathedral deployment of 1649 "Rosom" (Sovka) was commonly referred to as the procedural form on which the state bodies were disclosed and investigating the crimes, and not the affected and representatives of his representatives. The same word meant and establishing truth in the investigation of the circumstances of the crime or prove the guilt, which was carried out by obtaining their own recognition of the accused under torture, hearing testimony, holding full-time rates and other techniques. Before the wanish, it was also implied by the actions of authorized persons on finding and detention of famous criminals.

Over time, the initial meaning of the word "wanted list" was significantly narrowed, because as a result of the judicial reform of the 1960s of the XIX century. In the criminal proceedings of Russia, new concepts "inquiry" and "investigation" appeared. The term "wanted list" received its legislative consolidation in Art. 254 Charter of the criminal proceedings of 1864 as one of the types of police inquiry based on the secret methods of investigating, including verbal inquires, chemless observation, as well as other permissible measures to establish criminals, i.e. In its content, it was very close to the modern concept of the Horde.

Such an approach to determining the essence of the search in domestic criminals was maintained until the middle of the XX century, until an attempt was made to narrow the concept of search by limiting its object to famous criminals and abducted values. This was the impetus for the fact that the concept of search began to be considered in a double sense: in a narrow and wide value. If in the first case, the search was understood in the detection of well-known objects (hidden by the accused missing, etc.), then in the second - the search for unknown objects (not an established criminal, traces of the crime, etc.) that are important for Disclosures and investigations of the crime. In modern work on criminalistics, the wanted list is still identifiable with the activities of the disclosure of crimes and with the Horde as a whole, since its maintenance includes the detection of plotting, preparing and committed crimes, as well as the establishment of perpetrators.

With the birth of the ARD theory, the concept and essence of the search becomes the subject of research in this field of scientific knowledge of the first PhD dissertation on the issues of the search work ORO in 1963 defended V.A. Lukashov, who, speaking against the expansion interpretation of the concept of the search, limited its content to the search for criminals hopped by law enforcement agencies; Persons missing, and other categories of wanted. Such an approach to the concept of search work is currently firmly entrenched in operational-search theory.

1. Search, hiding suspects, accused, defendants and convicts

Under the lesions, persons are understood by suspects, accused, defendants and convicts, hiding from investigation and court; Escape from IVS, from under the convoy of the police, from the courtroom, from correctional and educational colonies, prisons, therapeutic IU, SIZO, from under the convoy, as well as abandoned from correctional work - after the court adopted a decision on the replacement of correctional works by others species of punishment.

The wanted list of hopping persons begins with initial checks and search engines aimed at discovering and physical detention of wanted. Depending on the category of the wanted and circumstances of their concealment from law enforcement agencies, the initial investigations of the search can be carried out in an urgent or usual basis. Law enforcement agencies are obliged to immediately respond to information containing data on the shoots of detainees, arrested and convicted from IVS, SIZO, IU, as well as from under the police convoy or from under the protection of Guin units.

Organizational provision of urgent action when shooting a detainee or arrested from IVS or from the police convoy is assigned to the duty parts of the Department of Internal Affairs. They organize the harassment of hot pursuit; search by area; posting posts, barriers on routes of the most likely movement and ambushes in places of possible appearance of wanted; search oriented on personnel signs; Use the media search.

When shooting arrested and convicted from SIZO and IU, the initial investigations of the search are carried out by the search departments of this department. The ATS in this case is assisting GUIN units according to previously developed planned plans.

In the event of the escape of suspected accused, defendants and convicts for grave and especially grave crimes by decision of the head of the ATS, a special plan for the search may be commissioned under the conventional name "Siren". This plan includes the preliminary calculation of the forces and means necessary for conducting a large-scale criminal detention operation, as well as the procedure for alerts, collecting and aligning personnel. In this case, there are specific places to place posts, barriers and ambuses, allowing to reliably block the territory of the administrative area; The composition of the search groups and capture groups is determined; The functional responsibilities of the operation participants are being developed and measures are envisaged to organize a sustainable connection between them.

Plans for the search operations "Siren" are available in each territorial ATS, they are organically interrelated with similar plans on the scale of the republic, the region, areas and are coordinated with the relevant plans of neighboring ATS, including in transport. In the necessary cases, they can be introduced in the territory of several administrative entities or on the territory of the subject of the Russian Federation as a whole.

In normal order, initial activities are carried out on the search for suspects accused, hidden from the investigation in respect of which a preventive measure was elected, not related to imprisonment. This procedure implies an active part in the search for investigators and investigators, in the production of which is a criminal case. It should be borne in mind that the non-appearance of the suspect and the accused on the call or the absence of it at the place of permanent residence is not yet the basis for the withdrawal of conscious deviation from investigation or court. In such cases, it is necessary to make sure that the absence of a suspect or the accused is caused by intentional evasion from bringing to criminal liability.

The search case is one of the types of DW, whose establishment is provided by Art. 10 FZ about the Horde. It serves to accumulate information on the progress and results of the search, its analysis, systematization, work planning, as well as control over its legality and efficiency. Criminal procedural documents are concentrated in it, which are a legal basis for the analysis of the search and implementation of ORM; General work plans for the search case and private plans for solving individual tactical tasks; certificates of their implementation; Service correspondence materials and other operational workbooks.

A decree is made about the institution of search case, which is approved by the head of the territorial law enforcement agencies.

At the same time, accounting and registration documents are filled with departmental regulatory acts on a wanted person, including statistical and search cards, information and identification cards, as well as watchdog. All accounting and registration documents are sent to the information center of the Ministry of Internal Affairs, the Department of Internal Affairs of the Russian Federation, and the guardians are placed in the address bureau of the passport and visa service.

At the head of the search, the plan of events is compiled, which is the organizational basis of work during the local search. The plan of searching events is approved by the head of the law enforcement agencies. In terms of work on a search case, search versions should be formulated about the intended place of stay of the wanted, the necessary general-wide activities and specific measures for checking each extended version are indicated.

Common events planned for any search case should include: a survey of relatives, acquaintances, neighbors and colleagues of a wanted person in order to establish places of possible location, routes of movement, links, will accept, personality characteristics; Informing about the search for the Bureau of the registry office at the place of birth and the last residence of the hiding suspect or the accused, where it may contact the name of the last name, about receiving a copy of the birth certificate, marriage, divorce, etc.;

message to the personnel department at the place of the last place of work - to make a check mark in his personal case;

the notice of the military registration and enlistment office about the search for a suspect or accused to prevent his removal from military accounting without notice of this ORO;

obtaining photos, samples of the handwriting, the establishment of a blood group of the wanted; Direction of searching orientations in Oro, on the territory, the maintenance of which is likely to appear as wanted;

orientation of employees of special operational search groups on the signs of wanted;

clamusation of fingerprints of fingerprints or other identification information available in law enforcement centers;

the use of confidential assistance to citizens relating to the search for information;

in the necessary cases, making proposals for the imposition of arrest on postal and telegraph correspondence entering the address of the wanted, its relatives or other relations.

wanted missing missing interpol

2. Search for people missing

The search for persons missing, refers to the competence of the ATS, which are obliged to react to signals to the missing disappearance of citizens. The duty officer of the Department of Internal Affairs, having received a statement (reports) on the missing disappearance of a person, registers it in the book of accounting for applications and reports of crimes, regardless of the place of its last stay, while he is not entitled to refuse the application for the missing disappearance of a person based on disappearance in the territory served by other ATS.

After that, the Instructions on the organization and tactics of the search work provides for the instruction on the organization and tactics of the OSD formalized application form. In order to verify the application (reports), citizens surveys are conducted, which can be known for the circumstances of the disappearance and other information that are important to clarify the fate of the missing.

The missing person is checked according to the Account Registration Bureau (BNS), detainees and arrested, medical detoxes, special receivers for administratively arrested and dispensers. On the signs of missing, the outfits of patrol and receiving services, duty parts of neighboring ATS, including transportation.

If necessary, departure to the last place of residence of the wanted onset of the investigative-operational group to determine the circumstances of the disappearance, inspect the dwelling of the missing, adjacent terrain and checking places of its possible location.

In the presence of information that the missing turned out to be in the conditions that threaten his life (health), and in all cases of disappearance of young children, search and rescue works are organized on duty officers. Having obtained reliable data on the disappearance of a person from the territory serviced by other ATS, the information necessary for the search is immediately transmitted to the ATS in the territoriality of the telegraph, and the primary check materials are then sent by mail. With the missing disappearance of the face in the path of railway, air, water transport, or at the ODD service facilities on transport, urgent activities are carried out by their duty parts.

3. Features of international search on Interpol

International wanted list is a complex of operational-search, information and reference and other activities of the competent authorities of the State - Initiator of the search and requested foreign countries aimed at finding, arresting and issuing (extradition) of wanted persons conducted on the territory of each of the participants in the search of states in accordance With the general standards and principles of international law, as well as in accordance with international treaties concluded between these countries and national legislation.

International wanted list is one of the main directions of international cooperation of states in the fight against crime. When implementing an international search, the cooperation of the states is carried out on the basis of generally accepted principles of international law, and, above all, the sovereign equality of states, non-interference in internal affairs, conscientious fulfillment by States of the obligations made, respect for human rights, as well as the inevitability of punishment for a perfect illegal act.

In the course of its implementation, all international legal forms of cooperation of states are used: the conclusion of multilateral and bilateral treaties and agreements, the creation of international universal and regional organizations. But it was in the International Criminal Police Organization (MOP) - Interpole - an organizational and procedural design occurred, and then the universal recognition of the practice of international search for criticism, and it is the use of the possibilities of this organization that allows you to search for criminals in a truly global scale.

The activities of the countries participating in the international investigation on Interpol channels are carried out through the mediation of the National Central Bureau (NCB) of Interpol and is coordinated by the MOPO General Secretariat. The permanent organ of Interpola has a significant role in coordinating search activities internationally, in the information support of the international search (by forming and constant actualization of wanted persons) It is part of the units of the General Secretariat of Interpola that the units are entitled to the abolition of the international search announced on the initiative of law enforcement agencies of countries -The Party Interpol, due to the lack of information provided or due to the violation of the standards of INTERPOL. But the leading role in the declaration and implementation of international search belongs to the national police bodies of the Interpol member countries and the Interpol NCB created in their structure.

The international wanted list over the Interpol line is carried out through interpol NCC intermediation and is carried out on the territory of each of the participating states in accordance with the norms of international law, as well as in accordance with national regulatory legal acts. At the same time, law enforcement and other state bodies of the Russian Federation and law enforcement authorities of foreign states are carried out by a complex of operational-search and information and reference activities aimed at finding wanted persons.

In Interpol NCB, international search is carried out:

accused and defendants, hiding from the bodies of inquiry, investigators or trial;

evaded from serving criminal punishment or committed convicts;

The NCB Interpol provides the interaction of law enforcement and other state bodies of the Russian Federation and law enforcement agencies of foreign member states of Interpol during the implementation of international investigation.

On issues related to the organization and implementation of international investigation, with Interpol NCB interact:

General Secretariat, NCB Interpol Foreign States, representatives of law enforcement agencies of foreign countries;

branches of the NCB Interpol, units of the SCM MVD, GUVD, ATC of the subjects of the Russian Federation; major governance, management of the Ministry of Internal Affairs of Russia; The search units of the Department of Internal Affairs, as well as the search for the department of the URO MVD of Russia, the search parties of the FSB of Russia.

Conclusion

Searching for three main tasks is aimed at the solution of the location of those known law enforcement agencies (suspected accused, defendants missing, other categories of wanted), establishing the identity of corpses and persons who can not report information about themselves due to health or age As well as preventing avoidance of persons from criminal liability, serving the punishment, execution of certain duties, obsolent disappearance.

Festival work should be distinguished from comprehensive crime disclosure activities. If the main task of the search is the detection of already known, established persons, to bring to criminal responsibility of which there are necessary legal grounds, the main task of the disclosure of crimes is the establishment of unknown persons who committed a crime and collecting evidence of their guilt.

The announcement of the search is made only after the investigator (or the person producing an inquiry) of the decision on attracting as a suspect, the accused, and the beginning of the crime disclosure activities are not related to the adoption of any procedural solution. If, when searching for suspects, accused, defendants, law enforcement agencies have a sufficiently diverse information about the identity of the wanted person (installation data, signs, dactyloskopic maps, photographs, information about related and loved ones, etc.), then at the initial stage of the disclosure of most crimes The criminal proceeds in conditions of an acute deficit of information about his personality, special signs, connections and places of possible location.

Search work as a kind of law enforcement, based on the integrated application of operational-search and criminal proceeding measures, is at the same time part of the HFD and part of criminal proceedings. Therefore, the concept of the search can be considered as an independent interdisciplinary concept, partially subordinate to two different concepts, uniting part of the concept of criminal proceedings and part of the content of the Horde.

Thus, a comprehensive system of operational-search, criminal procedure, administrative and other activities carried out within the framework of special office, administrative and other activities carried out in the framework of special office work is understood as search operation (warehouse) - disease process) authorized by the law by the laws and aimed at the detection of the location of suspects, accused and defendants, without missing persons and other categories of wanted, identifying and eliminating conditions that contribute to long-term shelter to be wanted and unstituted disappearances.

List of bibliographic sources

1. Criminal Procedure Code of the Russian Federation of 12/18/2001 No. 174-FZ (Ed. Dated July 13, 2015) (with amended and add., Introductionful from 09/15/2015) // Meeting of the legislation of the Russian Federation, December 24, 2001 , №52 (Part I), Art. 4921 // ATP ConsultantPlus, latest update dated 09.11.2015.

Federal Law of August 12, 1995 No. 144-FZ (ed. Dated 06.29.2015) on operational search activities // Meeting of the legislation of the Russian Federation, 14.08.1995, No. 33, Art. 3349 // ATP ConsultantPlus, latest update from 09.11.2015.

Of the President of the Russian Federation of 07/30/1996 No. 1113 (ed. From 10/27/2011) "On the participation of the Russian Federation in the activities of the International Organization of the Criminal Police - Interpol // Meeting of the Legislation of the Russian Federation, 05.08.1996, No. 32, Art. 3895 // ATP ConsultantPlus , Last update of 09.11.2015.

Order of the Ministry of Internal Affairs of the Russian Federation №786, Ministry of Justice of the Russian Federation №310, FSB of the Russian Federation №470, FSO of the Russian Federation №454, FSKN of the Russian Federation №333, FCS of the Russian Federation 971 of 06.10.2006 (Ed. From 09/22/2009) on approval of the instructions on the organization of information support for cooperation Interpol lines "(registered in the Ministry of Justice of the Russian Federation 03.11.2006 №8437) // Bulletin of regulatory acts of federal executive bodies, No. 47, 20.11.2006 // ATP ConsultantPlus, latest update from 09.112015.

Gorlinov K.K., Vagin O.A. On the legal protection of citizens who assist in the implementation of the Horde. Actual problems of the theory and practice of the IUD OVD: Materials of the Scientific and Practical Conference, M.: Academy of the Ministry of Internal Affairs of Russia, 1996.

Denisova I.B. Problems of improving the information and analytical work of criminal investigation units (theses) / Proceedings of the Kaliningrad Higher School of the Ministry of Internal Affairs of the Russian Federation, vol. 1. Kaliningrad: Kaliningrad VSF of the Ministry of Internal Affairs of the Russian Federation, 1995.

Krylov I.F., Bystoykin A.I. Search, inquiry, consequence: studies. Benefit. L.: Publishing house Leningrad. University, 1984.

Marcushin A.G. Operational search activities - the need and legality. N. Novgorod: Nizhny Novgorod VSH Ministry of Internal Affairs of the Russian Federation, 1995.

Surkov K.V. The principles of the Horde and their legal support in the legislation regulating the suction: monograph, St. Petersburg: St. Petersburg jurid. Ins-T of the Ministry of Internal Affairs of Russia, 1996.

Gafizov M.Kh., Omanov Sh.S. Investigative actions: the concept, signs and conditions of production // Crime and Society: a collection of scientific papers. - m.; VNII of the Ministry of Internal Affairs of Russia, 2004. - C.194-200.

Zhuk E.V., Malysheva E.V. The optimal combination of investigative and operational-search actions is a guarantee of the rapid disclosure of grave crimes // Military legal officers of the Volga region: a collection of scientific papers. - Samara; Publishing house Samar. Humanite. Acad., 2004. - №2. - p.139-14.

Starostin V.E. Procedural restrictions on the revision of decisions on the termination of a criminal case on non-conventional grounds // Problems of legal liability: History and modernity: Articles Following the All-Russian Scientific and Practical Conference. - Tyumen; Publishing House of Tyula, 2004. - Ch. 1. - C.195-200.



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