doctoral candidate
The current aspects of the admissibility of the results of operational investigative activities during the review of criminal cases in cassation and supervisory authorities are investigated. It is shown that the recognition of evidence as admissible depends not only on compliance with procedural formalities, but also on the legality of their origin, including the results of operational investigative activities. Based on the analysis of cassation and supervisory acts, characteristic defects in the legalization of materials of operational investigative activities have been identified, leading to the loss of their evidentiary value. The necessity of normative consolidation of the criterion of «exhaustion of the purpose of an operational investigative measure» and clarification of the role of the prosecutor in ensuring the legality of operational investigative activities is substantiated. The conclusion is made about the importance of the requirement of admissibility as a guarantor of individual rights in the mechanism of maintaining the fairness of judicial proceedings, ensuring a balance between the public interests of the state and the protection of private rights.
admissibility of evidence, operational-investigative activity, cassation proceedings, supervisory review, test purchase, evidence legalization
1. Baranov A. M., Naumov K. A. The essence and structure of pre-trial proceedings in the criminal process of Russia. M. : Yurlitinform Publ., 2022.
2. Gavrilov B. Ya. Do the provisions of the Code of Criminal Procedure allow the use of the results of operational-investigative activities in criminal proceedings? // Procedural and legal features of the interaction of investigative bodies with bodies carrying out operational-investigative activities: Proc. of the Int. Sci. and Pract. Round Table, St Petersburg, Oct 22, 2021 / ed. by I. A. Antonov, M. R. Glushkov. St. Petersburg: St. Petersburg Academy of the Investigative Committee of the Russian Federation, 2022. P. 54–64.
3. Larin K. I., Churilov S. N. The use of the results of operational-investigative activities in evidence // Education and Law. 2021. № 8. P. 260–264.
4. Ruling of the Presidium of the Supreme Court of the Republic of Kalmykia № 44U-19/2019 of Aug 20, 2019 in Case № 44U-19/2019 // URL: https://sudact.ru/regular/doc/lPSbu9GEtWUS/
5. Ruling of the Presidium of the Primorsky Krai Court № 44U-172/2019 of Aug 11, 2019 // URL: https://sudact.ru/regular/doc/birpsggeOZoW/
6. Ruling of the Presidium of the Tver Regional Court № 44U-105/2019 of July 14, 2019 in Case № 1-1/2011 // URL: https://sudact.ru/regular/doc/uwve3jsHcsHp/
7. Sementsov V. A. Crime provocation in operational-investigative activities // Union of Criminologists and Criminologists. 2020. № 4. P. 45–53.
8. Criminal Procedure Code of the Republic of Tajikistan of Dec 3, 2009 (as amended Jan 3, 2024) // Akhbori Majlisi Oli of the Republic of Tajikistan. 2009. № 12. Art. 816.
9. Criminal Procedure Code of the Russian Federation of Dec 18, 2001 № 174-FZ (as amended July 31, 2025) // Collection of Legislation of the Russian Federation. 2001. № 50. Art. 4929.
10. Chechetin A. E., Shatokhin I. D. Verification of the legality and validity of judicial decisions on the conduct of operational-investigative measures // Verification of the legality and validity of judicial decisions in criminal proceedings: Proc. of the All-Russian Sci. and Pract. Conf., St Petersburg, Oct 16–17, 2020 / ed. by K. B. Kalinovsky. St. Petersburg : Center for Scientific and Information Technologies «Asterion», 2021. P. 223–229.
