Improvement of legal regulation and practice of the operational-search activity “telephone conversations monitoring” and investigative measure “control and recording of conversations”

Introduction: taking into account the different legal basis of operational-search activity “telephone conversation monitoring” and investigative measure “control and recording of conversations” and at the same time the similarity of these methods, description of the specifics of their regulation and certain aspects of law enforcement is of scientific interest. Last-mentioned one will make it possible to identify the distinctive features of these legal actions and the problems that require legislative resolution. Materials and methods: the author of the article used a comparative legal method of cognition, which allowed studying the specifics of the normative regulation of these methods of obtaining information. To confirm or refute empirically a number of theorizes of the study the method of expert evaluation based on a survey of specialists in the field of investigative activities and criminal procedure was also used. Results: the study of the ratio of the operational-investigative activity and investigative measure revealed a number of formal legal differences of these methods, which are manifested in the procedures, categories of crimes for the disclosure of which their use is permissible, etc...