Conspiracy as a system of measures to ensure the secret of the criminal procedural and investigative activities of the operational law enforcement units

Abstract

It is stated that the legal regulation of the matters of conspiracy of activity of operative subdivisions is incomplete, unsystematic. At the legislative level, it is represented by several norms, which not only do not settle the basics for solving these issues, but also are damaging, limiting the possibility of realizing the powerful potential of operational units in the fight against crime. The developers by-laws normative and legal acts, relying on a subjective understanding of the meaning of conspiracy, are trying to tailor the untoward innovation of the legislator to practice. As a consequence, the bylaws of the legal acts are filled with unclear, contradictory norms to ensure conspiracy, adherence to its rules and responsibility for their violation. At the same time, such rules are not formulated in any departmental instructions, and the existing methodological recommendations, mostly, outdated, do not have scientific justification and affect only certain aspects of conspiracy. The lack of proper legal regulation and methodological support for conspiracy issues causes problems of its organization. All this leads to gross errors in the work, and, consequently, to the lack of results of long operational developments, the failure of specific SES and NRD, significant undue costs of human labor and material resources, and most importantly – to the injury and death Operative workers, secret employees, and in some cases their relatives and ordinary citizens. It is not the main reason for such a situation – absence of theoretical foundations of convolutation of the operational units of Ukrainian law enforcement agencies. The purpose of the study is to formulate the theoretical foundations of a conspiration of operational subdivisions and to offer proposals for their practical realization in the form of proposals for changes and additions to the legislative and by-laws normative and legal Acts. The article defines the notion and revealed of the content of conspiracy activities of the operational subdivisions with the introduction of proposals on rationing of the relevant provisions. The conceptual principles of the legal regulation of conspiracy activities of the operational subdivisions are suggested. The ways to improve the legal regulation of information security on activities of operational subdivisions are developed. Revealed the content and formulated the notion of legend, masking and operational cover in the activities of operational subdivisions, the means of improving their legal regulation are offered. The concept and revealed content of the organization of conspiration of operational subdivisions activity is formulated. The assessment of legal regulation is carried out and ways to solve practical problems in the organization of conspiration functioning of the unpublicized forces of operational subdivisions are performed.