Tactical operations in solving the tasks of criminal proceedings

Abstract

The article notes that the tasks of criminal proceedings in the course of historical development have undergone certain changes depending on the economic and political structure of the country, and later they were enshrined in the relevant legislative acts which regulate criminal procedural activities. The authors study the correlation of such scientific categories as the task and purpose of criminal justice. Currently, the purpose of criminal proceedings has not been clearly defined in the relevant rule of law, which attracts the attention of scientists. The authors emphasize the need to distinguish between the purpose of criminal procedural law and the purpose of criminal procedural activity. The authors analyze the concepts of crime detection and investigation and state that the former is broader in scope and includes both criminal procedural and operational search activities, which creates favorable conditions for clarifying all the circumstances of an offense, solving the tasks provided for by law and achieving the purpose of criminal proceedings. The accomplishment of certain tasks and the achievement of the purpose of criminal proceedings requires a continuous improvement of the instruments of cognitive activity for the discovery and investigation of crimes. In some cases, the resolution of complex investigative situations cannot be achieved by conducting separate investigative (detective) activities but requires the use of an optimal set of investigative actions, organizing, and operational search measures. It is emphasized that investigative situations are the determining factor for the development of tactical operations to solve them. In the article, the authors analyze the approaches of scientists to the determination of investigative situations. It is proposed to understand them as a set of conditions and circumstances that have formed at a particular moment of the investigation, the fullness and objectivity of which affect the optimal decision-making by the investigator. Based on the analysis of certain covert investigative (detective) actions, we conclude that by their content and meaning they are nothing more than tactical operations.