The article provides a legal analysis of the court's competence in considering motions to include the results of operational investigative activities in criminal case materials in the Russian Federation and the Republic of Tajikistan. The relevance of the topic is determined by the increasing role of covert information in criminal proceedings and the lack of a legally established procedure for its procedural legalization. The purpose of the study is to identify the features and problems of judicial evaluation of the results of operational-search activities, and to develop proposals for improving legislation in this area. The methodological framework utilizes formal legal, comparative legal, and systemic-structural methods. The scientific literature is reviewed in light of differences in approaches to the admissibility and legal nature of information obtained during investigative operations. It has been established that in both Russian and Tajik criminal procedural law there is no special regulation of the procedure for filing, considering and resolving these petitions. Proposals to amend the criminal procedure legislation of the two countries with provisions aimed at ensuring procedural guarantees and strengthening judicial review are discussed. A conclusion is reached regarding the need to legally enshrine mechanisms for the admissibility of operational information and the role of the court in its legalization.
Russia, Tajikistan, operational investigative activity; admissibility of evidence; criminal proceedings; judicial control; petition
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