Serenko R.S., Tarikin V.K. —
The use of the results of investigative activities in prisons of the Russian Federation: features and current problems
// Police and Investigative Activity. – 2025. – ¹ 1.
– P. 83 - 95.
DOI: 10.25136/2409-7810.2025.1.73491
URL: https://en.e-notabene.ru/pm/article_73491.html
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Abstract: The subject of the research is the specifics and actual problems of using the results of operational investigative activities in prisons of the Russian Federation, including their legal regulation and their use as proves in criminal cases. The purpose of the work is to analyze the problems of using the results of the investigative activities in prisons and to develop proposals for improving this activity in the context of the functioning of prisons. The research work analyzes the current problems of using the results of the investigative activities in prisons, issues related to improving the procedure for including the information obtained in criminal evidence, problems arising in the process of investigating crimes in prisons, and makes proposals necessary to improve this activity in the context of the functioning of prisons. The results of the work indicate the existence of existing urgent problems of using the results of operational investigative activities, as well as proposals necessary to improve this activity in the context of the functioning of prisons. The methodological basis of this work is an analysis of the norms of operational investigative and penal enforcement legislation, as well as the results of routine measures and operational investigative actions carried out by correctional officers in proving criminal cases. The scientific novelty of the study lies in the fact that the following problems related to the design of security measures in prisons are revealed: investigative activities are carried out without the issuance of an appropriate resolution; without the participation of witnesses; the compliance of such investigative activities with the criminal law requirements is dubious. As a result such investigative activities within the prisons should be considered unacceptable and cannot be used in the criminal proceedings. The conclusions that were formulated in the paper are aimed at solving the problems under consideration. To do this, it is necessary, first of all, to make appropriate amendments to the Criminal Procedure Code of the Russian Federation, which will complement the existing evidence system, as a result of which the results of operational investigative activities obtained in correctional institutions can be used in criminal proceedings.