On the general methodological basis of the criminal process and operational investigative activities

Abstract

The article discusses the theoretical aspects and system-forming factors reflecting the relationship of operational investigative and criminal procedural activities. The main cognitive orientation of these types of activities is noted. The peculiarities of cognitive processes are analyzed; it is proved that the method (method) of cognition is a key element that reveals the general epistemological (cognitive) essence of operational investigative and criminal procedural activities. The category of the method in its scientific-philosophical and active law enforcement understanding is comprehensively considered. The analysis of methods of cognition in criminal procedural and operational investigative activities is carried out, their unified methodological basis and objective differences in the line of differentiation of special methods of cognition that are used in these areas of activity are established. By the example of the analysis of individual epistemological methods in relation to the types of activity under consideration, the concept of a special method of cognition as an individually determined combination of empirical methods is substantiated. The special method is identified with specific operational investigative measures and investigative actions and is defined as an algorithmized, based on the established legal conditions, complex targeted action. It is proved that the basis of the actual and regulatory-procedural differences and similarities between various special methods that are used in the fields of activity under consideration (ORD and UPD) is a specific algorithm objectively determined by regulatory requirements, and not the field of activity as such.