The article deals with the problem of determining the legal nature of the decisions taken by the bodies engaged in operational investigative activities. Stating the amorphousness in the relevant scientifi c research, the author refers to the doctrinal ideas about the essence of legality in the fi eld of operational and investigative activities. On the basis of a critical analysis of the provisions set forth in the most cited dissertations, monographs, textbooks, as well as in the comments to the Laws of the Russian Federation «On the Prosecutor’s offi ce of the Russian Federation», «On operational investigative activities», a number of judgements are put forward. It is stated that the rule of law is a social and legal phenomenon, which can be considered to be a principle, a method or regime. Legality as a phenomenon develops and changes together with society, law and the state. Understanding and interpreting the rule of law often does not take into account the conceptual shifts in the architectonics of legal regulation that have occurred in post-Soviet Russian legislation. The author comes to the conclusion that the modern conditions for the implementation of operational and investigative tasks dictate the urgent need to clarify and even revise the essence of legality by moving from a narrow to a broad understanding of its legal nature. In particular, preference is given to the legal approach, which implies subordination of the rule of law to higher legal principles and ideals, for example, justice.
Based on the analysis of statistical indicators, scientific and educational sources, as well as law enforcement practice, the article examines violations in the field of operational search documentation of economic crimes. The author substantiates the need to establish effective Prosecutor’s supervision over the observance of the law in this area as the most important condition for the formation of sustainable economic development in Russia. In this context, taking into account the experience of foreign countries, three most important issues that require a conceptual solution are identified and considered: 1) strengthening of Prosecutor’s supervision over the legality of decisions made by bodies that carry out operational investigative activities; 2) orientation of authorized prosecutors to timely professional analysis of materials of operational-search cases accumulated by subjects of operational-search activity during the implementation of operational-search documentation of economic crimes; 3) expansion of the limits of Prosecutor’s supervision over the legality of operational-search documentation of economic crimes, including information received from secret sources. It is concluded that there are prerequisites for revising the existing model of Prosecutor’s supervision over the legality of operational investigative documentation of economic crimes by systematically strengthening the role of the Prosecutor’s office in it.
The article examines the features of judicial control in ensuring the legality and va- lidity of decisions made by operational units of internal affairs bodies. The relevance of the work is determined by an attempt to improve the legal mechanisms for the implementation of judicial control in the above-mentioned area based on the study of judicial practice, as well as legal conflicts and gaps in the current operational search legislation. The subject of the study is the system of control powers of the court: 1) verification of the legality and validity of decisions of the operational unit to conduct certain operational search activities by granting permission to the court to conduct them; 2) checking the legality and validity of decisions of the operational unit to conduct certain operational search activities according to their urgent (emergent) conduct; 3) checking the legality and validity of decisions of the operational unit to carry out operational search activities on citizens' complaints. The purpose of this work is to study the essential characteristics of the control powers of the court in ensuring the legality and validity of decisions made by operational divisions of internal affairs bodies. The methodology of the research is based on the General scientific dialectical method of cognition and the scientific methods that follow from it: system, logical, comparative legal analysis, statistical, special legal, and others. The theoretical basis of the research rests on the scientific works of V. V. Abramochkin, V. A. Azarov, Yu. M. Groshevii, S. V. Eskov, N. S. Zheleznyak, V. I. Ivanov, Ch.M. Ismailov, N. A. Kolokolov, E. L. Nkitin, I. A. Odnoshevin, R. H. Rakhimzoda, A. I. Tambovtsev, A. N. Khalikov, I. D. Shatokhin and other authoritative scientists who have made a significant contribution to the solution of doctrinal and applied problems of judicial control in the field of operational search activity. As a result of scientific analysis of judicial practice and legal literature, the author proposes a number of legal tools that affect the court's assessment of the legality and validity of operational search decisions on conducting intrusive OSM, and identifies legal conflicts that require delicate study and technical elimination. In addition, it is argued that amendments to the provisions of the Federal Law On Operational Search Activities aimed at preempting precedents for recognizing evidence obtained during the OSM in cases that cant be delayed and may lead to a serious or particularly serious crime are unacceptable. The results of the study can be used in law enforcement practice of subjects of operational search activity, judges, authorized prosecutors, as well as in scientific work when analyzing problems of judicial control in the field of operational search activity.
В статье представлен анализ существующих структурных схем синтеза плоских систем зубчатых зацеплений. На основании этого анализа предложена обобщающая структурная схема синтеза плоских систем зубчатых зацеплений. Эта схема включает возможные варианты синтеза плоских зубчатых контуров и плоских исходных формообразующих контуров. На конкретном примере раскрыты особенности обобщенной структурной унифицированной математической модели прямого и обратного формообразования сложнопрофильних цилиндрических зубчатых передач с использованием теории отображения аффинного пространства.Ключевые слова: цилиндрические зубчатые передачи, формообразование, исходный контур, исходный формообразующий контур.
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