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2015-02-17

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LAW
UDC 340
V.L. Rasskazov
Kuban state agrarian university
Krasnodar, Russia
redaction-el@mail.ru
LAW REGULATION OF THE OPERATIVE-INVESTIGATIVE ACTIVITY
OF THE POLICE DEPARTMENT IN RUSSIAN EMPIRE
[Правовое регулирование оперативно-розыскной деятельности
сыскных отделений российской империи]
It is shown that in addition to the law "On the organization of the police" regulating the organizational and legal basis for the functioning of detective offices it has been issued instructions analyzed interdepartmental regulations governing
operative investigation of the criminal investigation, including the work of agents and financial support, binding all the
detective department of the Russian Empire. Analysis of these instructions is carried out.
Key words: police, prosecutors, police department, operatively-search activity, agents, laws, regulations.
The process of formation of law enforcement in Russia has a rich history, it has a long series of
consecutive agencies [15, p. 3]. Criminal detective also has a long history, which is an important milestone in the adoption of the law "On the organization of the detective" on July 6, 1908 that regulated
the organizational and legal basis of the detective department (JI) in Russia. This law only in general
terms defined objectives and organizational structure of the criminal investigation. [11] Therefore, in
its development of 9 August 1910 it was put in place "Guide ranks the detective department" (hereinafter - Instructions), which specified the goals and objectives of the CO determines their internal structure and regulate the procedure for the production of operational-search actions [5, p. 183-186]. It explicitly stated that the primary purpose of SB - is "a tacit investigation and the inquiry into the forms of
prevention, removal, exposure and prosecution of criminal offenses ordinary criminal nature." Instrument for achieving the goals were "systematic oversight of the criminal and vicious elements by covert
agents and surveillance" [5].
The Regulations prescribe that, as CO, "being in the hands of the chief of the local police authority," which combines "the activities of the local police to guard the safety of the general population and
the fight against crime," the ranks of CO are required to strive "to full communion with the general police ranks" and collaboration with them, according to the orders and instructions of the police authorities. For this purpose, the chief of police at the weekly meeting was convened "at the current Police
Service", with the participation of the chief of JI, bailiffs and other department heads of the local police, in order to coordinate actions to "prevent, combat and investigate crime, eliminating differences
and resolving emerging difficulties ".
Serving mainly the territory subordinated to the police department, ranks CO, however, "for special assignments" Chief of Police, as well as in agreement with the latter public prosecutor's supervision, "we have the right to carry out operational investigative activities and inquiries throughout the
province." In cases where the criminals are hiding in another province, officials CO "do not stop the
persecution and stop signified only if it proceeds to the local police." When invoked the need to take
investigative measures "in different areas of the Empire," then "part of the governor of the family in
dealing with the Police Department."
The chiefs of the SB shall be empowered to: 1) the management of the CO ranks "in the spirit of
the rule of law" for the successful execution of their duties; 2) distribution of "class" between detectives; 3) acceptance for its production of tracing and investigation "for particularly outstanding cases."
At the same time, the instruction sets the structure and principles of the SB operation. Each unit consisted of 4 tables: personal arrest; Investigation; surveillance; Registration reference bureau is "a major
part of the internal organization." The basis of the ranks of CO on the principle of specialization: "The
most correct and is consistent with the organization of the fight against crime is the specialization as
the general measures of search and search activities of members of the detective department of the
main sorts of crimes." Establishes three categories of species specialization: 1) murders, robberies,
looting and arson, and 2) theft and professional thieves Organization (thieves, burglars, pickpockets,
etc.); 3) fraud, forgery, counterfeiting, forgery, etc. .Zametim that the head office of the 8th (criminal
detective) Police Department VI Lebedev was a supporter of the principle of specialization and is
strongly against the so-called "zone-territorial" principle, when detectives were distributed to specific
regions / areas of the city. [7]
Despite its importance and relevance of the appearance, instruction, however, does not solve all
the problems associated with organizational and legal structure of the SB. For example, it seems absurd strict requirement detectives wearing uniforms, despite the fact that "civilian clothes" were allowed to wear only "in cases of special need" Suffice ambiguous have been registered and the interaction between the public prosecutor, as well as the general police ranks, CO, which we higher paid attention. Rubbish in the instructions did not specify the duties and special CO arising from local circumstances and wore the overall region-specific character: the border areas, major seaports, areas with
indigenous populations whose livelihoods governed by special local law (eg, the Caucasus), etc. All
these factors only hampered the operational capabilities of CO in the implementation of their practice.
You can agree with SA Nevsky, who believes that instruction in some detail regulate the activities of
CO, however, it was faulty and did not differ sufficient clarity the rules [9, p. 86]. However, AM
Abdulmalik believes that feature instructions was the fact that "for the first time in an official legal act,
the need for the organization of investigative activities in accordance with the features of a professional crime, measures of specialization and distribution of Investigation officials separation into groups
according to categories of crime" [1, p. 13]. In general, the correct points, TL Matienko, "the content
of the reform of general criminal investigation amounted to the first unification of the structure and the
establishment of new offices detective, standardization of legal regulation of their activities, the creation of a single centralized information-reference database of criminal records, implementation of the
principle of linear (specialization) the organization of criminal detective work, the organization of special training for detective units "[8, p. 47-48].
Obviously, the instructions cause a general direction of operatively-search activity on detail, these issues are regulated in the Rules of top secret, consisting of 19 sections and intended for the implementation of JI ranks of agents [12]. In particular, the Regulation states that "the unspoken details of
secret agents are very powerful tools in the hands skillfully uses such detective offices." At the same
time detectives have to be "very cautious and careful" to the information given to them "unofficial informant" because "most of these people have criminal records or are made very close to the criminal
environment." All the "undercover data and classified information" shall be kept at the chief of JI,
which "is not disclosed at the inquiry and shall not be included in the ... official reports and information transmitted to the institutions outside agency or court» (§19 examines in detail the tactics of
behavior ranks CO caused by the investigator or the court as a witness to testify, and "in particular cases" detectives had the right to "avoid answers that may violate official secrecy if the breach is indeed
threatened serious harm to the interests of the investigation").
Any contacts with the press detectives categorically forbidden. Ranks CO had to take all
measures to decrypt the inadmissibility of its agents: Avoid meetings with them in the homes of private individuals, in public places, do not invite them into the room or from the police, "assigning them
goodbye in the most hidden places." Disclose issues of payment and promotion agents, a thorough
study of all the personal characteristics of the initiator confidential cooperation, psychological basics
of working with him and warned of the possibility of introducing in the SB persons specially authorized criminal environment, "to study the methods and organization of investigation and all personnel
employees."
In addition to the secret agents embedded in the criminal groups are able to provide timely information and the person "close contact with the criminal environment for their profession." These included: 1) "speculators and McLuckie"; 2) "the contents of prisoners in detention"; 3) "antiquarian
booksellers and in general antiques buyers'; 4) "buyers pearls, diamonds, precious stones, and things";
5) "dealers of second-hand things junkman, Tartars, traders, going from house to house"; 6) "landlords
recommendation offices"; 7) messengers, carriers, ushers, etc .; 8) polishers, plumbers, chimney
sweeps, etc .; 9) "cabs and are especially reckless drivers, and the driver"; 10) "railway and steamship
agency" and others. In addition, it instructed to "establish correct relations with pawnshops, loan funds
and other similar institutions." However, the Regulation emphasized that attracting confidential cooperation entities "all sorts of professions and sectors of the population," the detectives need to understand that in their work, "they can not do without assistance, especially honest and morally stable elements of society protected by them "[12, p. 1-17].
Analyzing the content of the right, there is every reason to believe that they have been developed
based on the already successfully practiced regulations and the provisions governing the operationalsearch activities of the political police of Russia (the "Regulations about the chief investigative
branches" of August 12, 1902 .; "Regulations on district security offices "of December 14, 1906 .;"
Regulations on the Police Department "dated February 9, 1907 .;" Instruction on the outside
(filerskogo) monitoring "," Instructions for the organization and management of the internal agents ",
etc.) . approach was not accidental: in 1902 the Police Department assigned a secret political police,
secret service, "the pre-eminent place", believing that if its correct setting, it will not only provide information on the state of the revolutionary organizations, but also "to influence them in the desired
sense "[10, p. 195-196]. In this regard, the rules of the organization intelligence work in CO were just
adapted, with regard to the functions of police detective, ie the fight against criminality, although all
the canons of intelligence activities in the revolutionary milieu remained.
If the above rules define the foundations of intelligence activities in the SB, then approved October 4, 1911 Deputy Minister of Internal Affairs, Lieutenant-General PG Kurlov "Terms of spending
ranks of the Interior Ministry police estimates of credits necessary to detective and reporting forms that
cost" regulate the observance of financial discipline in the production of Investigation, including the
nature of intelligence, both full of CO, including St. Petersburg, Moscow and Warsaw police detective
and local territorial bodies of the general areas of activity of the police is CO. [3] According to the law
"On the organization of the detective" on July 6, 1908, the amounts in the "detective need" for JI to
January 1, 1909 was set at 951,010 rubles., And to search outside the area served by the CO – Loans to
286900 rub., the Ministry of Interior annually distributed in the provinces, "according to local conditions"; the total amount of the credit for "detective need" was 1237910 rubles. [13]. (For comparison:
the credit, release political police only on payment of secret agents, each year 3.5 million. Rubles [4, p.
117], that is almost three times higher than the "detective need" all criminal detective scope of the
Ministry of Interior ). Of these funds, according to para. 4 of the Rules of consumption credit, "the
costs are met" for the following reasons: 1) "to undercover agents, permanent or temporary"; 2) the
cost of CO and police officials "in search"; 3) "payment information delivered randomly individuals";
4) "registration criminals"; 5) "the need for aids for the Criminal Investigation Department"; 6) "Remuneration women making searches of women detainees"; 7) for photographing in SB 3 and 4 bits of
criminals, "but outside district offices – private photos"; 8) "for the purchase of dresses for dressing in
the search"; 9) "for the purchase and maintenance of trained dogs"; 10) "in the new items of technical
equipment of the investigation", as well as sending an urgent telegram, telephone, maintenance and
repair of premises, travel, and so detectives
Rules provides for "compensation" or secret agents "in the form of piece-work for each individual well of their missions," or "a certain monthly fee" (the latter option was considered the most appropriate). In the case of "need only check the actual staging covert agents," by order of the local governor
"all undercover agents, informants should be the head of the Detective Branch of the privacy of the
chief of the local police." The Rules emphasized that the work of secret agents "is directed primarily to
conduct surveillance or collecting adequate information" and "eliminates any possibility of recruitment
from this environment detective department personnel." To fix the costs of the "detective amounts of"
all financial transactions would be reflected in the "revenue and expenditure notebook", which at least
once a month, "together with supporting documents," the Chief Police Officer "of the audit." The "distribution cost of each regular sums offices detective costs must be justified properly account fastened
chief detective department" [2]. Depending on the discharge of CO, according to the law "On the or-
ganization of the detective," to "detective costs" allocated annually: CO 1st class – 4000 rubles., From
the 2nd category – 2700 rub., CO 3rd level – 2000 rub., CO 4th class – 1200 rubles. [13]. Thus, the
"Terms of spending ranks of the Interior Ministry police estimates of credits on detective necessary
forms and reports, these costs" regulated financial component of operational and investigative activities, including the work of agents, and seemed to have been to protect officials Soot illegal expenditure
of sums (misappropriation, embezzlement, etc. etc.) to the "detective necessary." However, in practice
financial discipline often violated.
In view of the foregoing, in addition to the law "On the organization of the detective" regulating
the organizational and legal basis for the functioning of detective offices have been published interdepartmental regulations governing operative investigation of the criminal investigation, including secret-service work, as well as its financial security required upon all the detective department of the
Russian Empire.
References
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Литература
1. Абдулмаликов А.М. Нормативно-правовое регулирование борьбы полиции с правонарушениями в сфере экономики в дореволюционной России // Известия Российского государственного педагогического университета им. А.И. Герцена. 2007. № 33.
2. ГАКК. Ф. 585. Оп. 1. Д. 186. Л. 108-108об.
3. Государственный архив Краснодарского края (ГАКК). Ф. 585. Оп. 1. Д. 186. Л. 107об.
4. Жилина Ю.А. Вопросы финансирования сыскной полиции России в начале ХХ века //
Проблемы права. 2011. № 1.
5. Инструкция чинам сыскных отделений от 9 августа 1910 г. / История полиции России:
Краткий исторический очерк и основные документы. Док. № 79. М., 1998.
6. Кармиргордеева И.В. Состояние прокурорского надзора в России после октябрьской революции // Гуманитарные и социальные науки. 2012. № 5. http://hsesonline.ru/2012_05.html
7. Лебедев В.И. Искусство раскрытия преступлений. СПб., 1909. С. XI.
8. Матиенко Т.Л. Организация сыска в России в IX – начале ХХ вв.: генезис, закономерности, исторический опыт: Автореф. дис. … д-ра юрид. наук. М., 2010.
9. Невский С.А. Взаимоотношения сыскных отделений и общей полиции Российской Империи // Гуманитарные, социально-экономические и общественные науки. 2012. № 1-2.
10. Перегудова З.И. Политический сыск России (1880–1917 гг.). М., 2000.
11. Полное собрание законов Российской империи (ПСЗ). Собр. 3. Т. 28. Отд. 1. № 30672.
12. Приложение к секретному циркуляру Департамента полиции от 16 августа 1910 г. за №
126699. СПб., 1910.
13. ПСЗ. Собр. 3. Т. 28. Отд. 1. № 30672.
14. Рассказов В.Л. Московская сыскная полиция в конце XIX – начале ХХ вв.: организация,
функции, штаты // Гуманитарные и социально-экономические науки. 2015. № 1.
15. Рассказов Л.П. Деятельность органов государственной безопасности по реализации
политики ВКП (б) (конец 20-х – 1941 гг.). М., 2001.
16. Цечоев В.К., Ковалев В.В. История юридической науки России – специальная научная
и учебная историко-правовая дисциплина // Гуманитарные и социальные науки. –
2014. № 2. http://www.hses-online.ru
17. Цечоев В.К., Носко И.В. Современная отечественная историография истории судебной
власти и системы юстиции // Гуманитарные и социальные науки. 2014. № 2.
http://www.hses-online.ru
March, 28, 2015
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