THE GROUNDS OF APPLICATION OF OBTAINING INFORMATION ABOUT CONNECTIONS BETWEEN SUBSCRIBERS AND (OR) SUBSCRIBER DEVICES

This article is devoted to the grounds for obtaining information about connections between subscribers and (or) subscriber devices. The relevance of the study of the use of investigative actions provided for in article 186.1 of the Criminal Procedure Code is due to the increase in the number of crimes committed with the use of means of communication, as well as the importance of information about connections between subscribers and (or) subscriber devices to investigate a number of crimes, the possibility of obtaining not only information about incoming and outgoing connections, as well as determining the location of subscriber devices. The article deals with the actual and legal grounds for the investigative action, regulated by article 186.1 of the Criminal Procedure Code. The content of the actual basis for obtaining information about connections between subscribers and (or) subscriber devices is disclosed. The author outlines the timing of the production of this investigative action, the commissioners for his appointment of officials, as well as legislated procedure. The importance of this investigative action in the preliminary investigation is noted; the types of information that can be obtained as a result of its implementation are listed. In connection with the restriction of the right to secrecy of negotiations by the application of the investigative action in question, obtaining information about the connections between subscribers and (or) subscriber devices is subject to mandatory judicial authorization. The necessity of coordination of the decision on production of investigative action with the head of investigative body for the purpose of establishment of need of its carrying out is proved. The law‑enforcement errors caused by shortcomings of legislative regulation of obtaining information on connections between subscribers and (or) subscriber devices are specified, ways of their elimination are offered.

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Bagavieva E. A. The grounds of application of obtaining information about connections between subscribers and (or) subscriber devices. Business. Education. Law, 2019, no. 2, pp. 296–301. DOI: 10.25683/VOLBI.2019.47.260.