The humanities and social science

2023 Issue №4

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Problems of using the results of an operational experiment and test purchase in proving a criminal case



The study presents the concept of the special evidentiary value of the results of operational experiments and test purchases. This is due to the fact that these actions reflect a criminal event carried out under the control of law enforcement authorities. To dispel doubts about the admissibility of documented results of such operational measures, a legal standard for their conduct is developed. Unlike sectoral developments regarding such a legal standard, an interdisciplinary legal standard is proposed. It includes criminal procedural norms, norms of criminal investigative law, as well as judicial precedents. Compliance with this standard should guarantee the admissibility of using the results of these operational measures in criminal procedural evidence. Simultaneously, the rights of individuals implicated in the commission of a crime must be ensured. The material-legal and procedural components of the standard for the lawful conduct of operational experiments and test purchases are analyzed. A material-legal criterion for distinguishing lawful operational experiments and test purchases from entrapment is formulated. Criteria for the procedural component of this legal standard are provided. In conclusion, a synthesis of all analyzed components is made in the form of a comprehensive standard for the activities of law enforcement authorities, preliminary investigation bodies, and prosecutors in forming evidence of charges from the results of operational experiments and test purchases. The conclusions drawn can be used in the field of operational and investigative activities and criminal procedural evidence to eliminate legal uncertainty and increase the effectiveness of prosecuting individuals who have committed serious, covert crimes. Additionally, it may reduce the professional risk for operational personnel authorized to conduct these activities.