Conditions for the Legitimacy of a Justified Risk in the Implementation of Law Enforcement and Crime-detection Operations

Olesya Nikolaevna Kulikova, Muhammad Nagi oglu Imanli

2021

Abstract

The professional activity of law enforcement operational officers of the Russian state is associated with the performance of complex tasks in a crime and socially unfavorable environment. The performance of their duties is associated with a constant risk that can entail the onset of socially dangerous consequences that harm specific objects of criminal law protection. In the event that high-risk actions are committed by an officer involved in law enforcement and investigative activities, the conditions for the legitimacy stipulated by the criminal law of the Russian Federation must be observed. The aim of the study is the institution of the justified risk and the issues of responsibility for exceeding the conditions of legitimacy by operational officers who acted under conditions of such risk. The objective of the study is to determine the conditions for legitimacy of high-risk actions by operational officers and identify legislation gaps in the legal institution under consideration. The methodology of the research proceeded from the analysis, generalization and systematization of legal norms governing the issues of justified risk in the implementation of operational law enforcement and crime detection activities, real life examples, educational and research materials. The main conclusions of our research reflect the gaps in legislation on the topic under consideration and our own conceptual framework in this research area.

Paper Citation

in Harvard Style

Kulikova O. and Imanli M. (2021). Conditions for the Legitimacy of a Justified Risk in the Implementation of Law Enforcement and Crime-detection Operations. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 306-313. DOI: 10.5220/0010635900003152

in Bibtex Style

@conference{closa21,
author={Olesya Nikolaevna Kulikova and Muhammad Nagi oglu Imanli},
title={Conditions for the Legitimacy of a Justified Risk in the Implementation of Law Enforcement and Crime-detection Operations},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={306-313},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010635900003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Conditions for the Legitimacy of a Justified Risk in the Implementation of Law Enforcement and Crime-detection Operations
SN - 978-989-758-532-6
AU - Kulikova O.
AU - Imanli M.
PY - 2021
SP - 306
EP - 313
DO - 10.5220/0010635900003152