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ISSN 2500-0802
ПИ №ФС77-61154

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SIGNIFICANCE OF RESULTS FOR OSA OBJECTIVELY TRUE-NEGATIVE AND COMPETING TYPES OF CRIMINAL

Pechnikov G.A. 1 Nazarov S.D. 1 Shynkaruk V.M. 2
1 Volgograd Academy of the Ministry of the Interior of Russia
2 PHA VPO Volgograd State University
The article shows a different attitude towards the OSA results in the process of proof by objectively and – true types of adversarial criminal proceedings. Objectively true type of process does not admit erasing the differences between the data of an investigative and penal procedure of the proof of you, and the modern adversarial Code of Criminal Procedure allows it. Determined by the statutory definition of the results of operatively- search activity contained in § 36.1 of Art. 5 Code of Criminal Procedure, according to which they are understood as information obtained in accordance with the Federal Law on Investigative activities , about the signs of preparing and committing the offense or, faces , prepare-ing, commit or have committed a crime and hiding from the bodies of inquiry, investigation or trial . Thus, the investigative bodies entrusted “ to take the necessary operational investigative measures in order to detect evidence of a crime and those who committed them ,” as it was enshrined in the previous legislation.