Problematic issues and practice of using string operations based on the rulings of the European Court of Human Rights (on the example of case law on corruption)
Usage of sting operation in law enforcement for documenting the facts of bribery and commercial bribery faces practical issues substantiated by imperfection of the current federal legislation on operational search activity. There is no legislatively secured definition of string operations along with regulation of the procedure for its conduct. The indicated gaps generate contradictory situations pertaining to the assessment of lawful actions of law enforcement agencies during string operationss. The departmental procedure for conducting operational search activity is insufficient for verification and assessment of performance of operational units by investigators, prosecutors, judges, and lawyers. Work on further amendments to the Federal Law “On Operational Search Activity” is relevant and reasonable. Currently, case law on this issue is quite ambiguous due to such formulations as the defense failed to prove the instance of provocation, and that there were no substantial violations or misuse in during conduct of operational search activity. For ensuring legal guarantees for persons against whom is conducted the string operations, it is essential to address the question of availability and quality of professional legal aid during the conduct of operational search activity, due to the fact that all evidence obtained by the operatives in the absence of lawyer and strictly regulated procedures of the conduct of operational search activity, often become key evidence in a case, which are hard to argue in court.