| Abstract [eng] |
This work considers the definition of law concept, its “polysemy”, conceptions of criminal procedure and law branch in the law theory and in law handbooks of criminal procedure. The topic of an attribution of the Law on Operational Activities to a law branch is being presented. For the purpose to clear out the place of the Law on Operational Activities in the law system, the purpose of this law is being researched, clearing out what kind of social relationships it controls, the concept of operational activity is being analyzed. The Law on Operational Activities is being assigned to the group of sources of criminal procedure, therefore the relation of Operational Activity with pre-trial investigation is being analyzed in this work. The operational actions that due to the Law on Operational Activities restrict human rights, their tasks, fundamental applications, conditions and extent of use are being studied. The concepts of operational activity, pre-trial investigation, and purpose of intelligence and objective of these activities are being revealed. Possibilities of development of the Law on Operational Activities are given. Uncertainty on the proving power of the information (data) received not in accordance to the Code of Criminal Procedure is increasing. Therefore the possibilities of appliance of information received by confidential methods, bounds of its appliance, the proving power of such information, the relation of such methods with constitutional human rights and freedoms are being researched in this work. The relation of procedural means of enforcement defined in 154, 158, 159,160 articles of Code of Criminal Procedure with the appropriate methods of operational activities consolidated in the Law on Operational Activities is being analyzed. Referring to judicial practice an attempt made to estimate how courts treat appliance possibilities of the Law of Operational Activities in criminal procedure. |
