Criminal and Legal Support for Investigative Activities in Criminal Law of the Commonwealth of Independent States Countries
The author examines the need for the formation of the mechanism of criminal law support of investigative activities in the domestic legislation. The question of the relevance and development of this subject in the scientific community is raised, within the framework of the socio-legal conditionality of the potential of this process; a set of evidence on its feasibility is presented. As evidence of the social value of social relations formed on the implementation of investigative activities, the author explains the subjective position about the significance of this institution for the administration of justice. As part of the study, the author identifies two areas of criminal law support: regulatory and protective, their content is explained. The approaches to understanding the means of criminal legal support as measures for the implementation of the proposed directions are formulated. Various approaches of domestic jurists to this issue are given. The author does not characterize the investigated problem as purely theoretical, and does not consider the proposals declarative; the article demonstrates the rules of the model and national legislation of the Commonwealth of Independent States (CIS) countries, designed to implement the mechanism of criminal law support for investigative activities. Based on the results of the study, it is concluded that: 1. There is expediency, perspective and objective necessity of integration of the mechanism of criminal law provision into the criminal legislation of Russia. 2. This law-making process should be implemented within the framework of separate regulatory and protective directions through the formation of enforcement rules in the Special Part of the Criminal Law and the design of the elements of a crime in the Special Part, respectively. 3. There is a possibility to take into account the positive law-making experience of the post-Soviet states due to the significant similarity of criminal and investigative legislation, legal realities and traditions of the Russian Federation and countries designated in the work.