GROUNDS FOR IMPLEMENTATION OF INVESTIGATIVE ACTIVITIES — A GUARANTEE OF THE CONSTITUTIONAL RIGHTS OF CITIZENS INVOLVED IN THE SCOPE OF INVESTIGATIVE ACTIVITIES

Abstract

The article reveals the essence of the «grounds» for conducting investigative activities — the most important guarantor of ensuring the constitutional rights of citizens involved in the field of such activities. Taking into account the analysis of legal literature, the most acceptable approach to the division of the grounds for conducting investigative activities into «actual» and «formal» (legal) grounds is highlighted. It is noted that in some cases, investigative activities can be carried out only if there are factual grounds, but with the mandatory registration of legal grounds in the future, after the implementation of such activities. The position is substantiated that certain circumstances that have been revealed experimentally — by operational and investigative practice — and are typical circumstances preceding, accompanying, or following a crime, can be considered as grounds for conducting investigative measures. The author’s position on what should be understood by the «grounds» for conducting investigative activities is highlighted.