Auxiliary Informing as an Institution of Russian Operational-Search Law

The article is devoted to the development of a theoretical concept and normative model of auxiliary informing as a legal institution intended to enhance the effectiveness of operational-search activities. The Author substantiates the need to expand the perimeter of early detection of criminal risks not by creating an all-encompassing network of informants, but by institutionalizing verifiable channels for reporting by persons who encounter offences by virtue of their profession or civic position. The article presents a comprehensive analysis of Russian legislation governing confidential assistance in operational-search activities, as well as criminal-procedure filters applicable to anonymous reports. On the basis of a comparative legal study, the Author identifies three foreign models of reporting: a general obligation to report serious crimes; professional and sector-specific duties in the fields of counter-terrorism and anti-money laundering; and a system of protected voluntary reporting with safeguards against persecution. The key result of the study is the Author’s two-tier normative model. The first tier provides for the establishment of a strictly limited professional obligation, imposed on a narrow circle of persons, to report specific facts and indicators of crimes, with clearly defined exceptions relating to professional secrecy. The second tier establishes the universal right of citizens to provide information confidentially and anonymously, supported by safeguards against retaliation, safe-harbour mechanisms, and the creation of secure communication channels. Particular attention is paid to a systemic analysis of the risks of mass denunciation, including the erosion of social trust, the fabrication of false reports, and the overburdening of the law-enforcement system. The article proposes a set of legal safeguards: replacing the obligation to collect information about individuals with an obligation to report facts; mandatory verification of information; a prohibition on discriminatory criteria; and liability of officials for disclosing information about an informant. The article advances specific proposals for improving legislation aimed at creating a balanced legal mechanism that combines the needs of law enforcement with the imperatives of protecting human rights and preserving social trust.

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