Nowadays, in most states of the world, including the Russian Federation, intelligence-gathering is being carried out, affecting fundamental private interests. The problem is acute, since at the present stage of development, changes are taking place in society due to the introduction of information and communication technologies. In the context of the development of these technologies, the problem of observance of human rights is becoming more acute. To solve this issue, a new look at the theoretical and legal foundations of intelligence-gathering is needed, the search for new ways to achieve proportionality and maintain a balance of interests while ensuring it. All of the above testifies to the need and relevance of a comprehensive theoretical and legal study of the foundations of limiting the fundamental rights and freedoms of a person and a citizen during intelligencegathering. Such an analysis will make it possible to start work on the harmonization of the legislation of the Russian Federation in this area and the allowable restrictions on the constitutional rights and freedoms of man and citizen, adequate to the existing threats to the security of the Russian Federation, its significant institutions, society and citizens.

The article pays close attention to the problems of ensuring the principle of adversarial parties by the investigator at the end of the criminal prosecution of a person, by preparing an indictment in a criminal case, for its further referral by the prosecutor to the court.  The article reveals the significant issues of ensuring the principle of competition at the end of the criminal prosecution of a person in a pre-trial order, due to which, the domestic judicial and investigative practice and the relevant decisions of the European Court of Human Rights are analyzed.  The obtained data form the basis of the theoretical and legal justification of the need to change the current version of the Criminal Procedure Code of the Russian Federation in order to improve the mechanism of legal regulation of criminal procedure relations arising at the end of the preliminary investigation with an indictment.

The article examines the problem of determining the essence of the concept of "crime detection" in Russian law. For this purpose, the method of literature review was used and during the study the authors analyzed the normative legal acts of the Russian Federation, such as: the constitution of the Russian Federation, the Criminal Code of the Federation, the Code of Criminal Procedure and the Federal Law "on Operational Search Activity", the Federal Law "on police forces”, interdepartmental and departmental normative legal acts of the Ministry of Internal Affairs of Russia, among others, to determine the precise moment of detection of the crime phenomenon. Moreover, the article proposes to clarify the definition of the term “crime detection”. It is concluded that it is advisable to distinguish the concepts of "crime detection" and other related concepts in practice and theory to avoid confusion.

The scientific article is dedicated to the research of the status and powers of an official of operating units and official and legal relations arising when enforcing the norms of law legislated in the Federal Law “On Operational Investigative Activities”. Objective: to perform the scientific research of the status and powers of an official of operating units; to analyze the legislation regulating this legal status, powers of the official of operating units. Methods. In the work, the authors used the formal, logical, sociological, historical, and dialectic methods. The scientific article is based upon the sociological, theoretical, and historical methods, on the knowledge technique of the legal status of an official, theory of powers, and the comparative analysis of the legislative regulations. The main methodological approach used in the scientific article is the criminal intelligence theory developed in the works by Russian lawyers. Main results: the research allowed revealing the advantages and disadvantages of the legislative and regulatory framework regulating the legal status and powers of an official of operating units and also the significant mistakes in the case law. Conclusion and grounding of the novelty of work: basing upon the analysis of the current Federal Law “On Operational Investigative Activities”, it can be concluded that officials can be logically subdivided into the main and derivative types according to their powers. The main types of officials are the following: 1) officials of operating units; 2) derivative positions – criminal intelligence investigator. A complex of federal laws and other statutes and regulations of the Ministry of Internal Affairs of the Russian Federation that legislate the concept of the official of operating units determine the structure and content of the legal status of an official; in general, it can be called legislation regulating the legal status of the officials. The novelty of the work is in the grounding of the new approach to the understanding of the legal status of officials of operating units and their powers; this approach is based upon the theory of legal status and the theory of operational and investigative activity. The criteria of the novelty are corresponded to: the authors’ understanding of the concept “official of operating units”; improvement of the characteristics of the legal nature and legal status of an “official of operating units”; evaluation of legal norms of the Federal Law “On Operational Investigative Activities”; recommendations of improvement of the Federal Law “On Operational Investigative Activities”; development of the methods of the legal status of an “official of operating units” aimed at creating a sequential algorithm for solving qualified tasks. The main objective of the research in this scientific article is the creation of a detailed and clear concept of an “official of operating units” and also revealing the main powers of these officials.