LIMITATION OF CONSTITUTIONAL RIGHT TO THE SECRECY OF PHONE AND OTHER NEGOTIATIONS PERMISSIBLE IN ORDER TO PROVIDE WITNESSES’ SECURITY DURING CRIME INVESTIGATION

The article deals with the cases of limitation of constitutional right to the secrecy of phone and other negotiations permissible in order to provide witnesses’ security during crime investigation. The particular case of such limitation is control and recording of witnesses’ negotiations based on the rules of Article 186 part 2 of the Russian Criminal Procedure Code (CPC). The author differentiates the control and recording of phone and other negotiations as an investigative action and as a security measure on criteria of purpose, factual and formal grounds. The author compares both control and recording of phone negotiations and
wiretapping as the ways to receive information about realisation of post-criminal impact on witnesses and makes a conclusion about the identity of these actions from the point of their legal nature. The article encircles the problems of control and recording of negotiations as a security measure, reveals the discrepancy between some rules of criminal procedure legislation. The article presents the vast analysis of practical usage of control and recording of negotiations including the data of questionnaire survey of specialistpractitioners, the examples of judicial practice, the review and comparison of leading researchers’ opinions as well as authorial positions and suggestions about rectifi cation of Criminal Procedure Сode in force. Such amendments are necessary for elimination of founded contradictions, achieving of consistency between rules and increasing of effi cacy of witnesses’ security within criminal procedure.