Scientific Journal of the National Academy of Internal Affairs

Article presents analysis of operative data fixation and its organization methods applied by law enforcement agencies in Belarus and Kazakhstan. Specific aspects of organization of operative data fixation in the abovementioned states are distinguished upon the study of legislative acts regulating operative and search activity. In particular, author paid attention to data fixation procedures in the course of basic operative and search activities (interviewing, receipt of certificates, sample collection). Key differences in legislative regulation mechanisms regarding the abovementioned activities performed by law enforcement agencies in Belarus, Kazakhstan and Ukraine. Thus, in Kazakhstan legislators clearly distinguish general and special operative and search activities: special include primarily activities directly affecting rights guaranteed by the law – personal privacy, secrecy of correspondence, telephone conversations, postal matters and the right for dwelling inviolability. Also operative and search activities in Kazakhstan may be open as well as covert including procedural (covert investigative actions and search activities). In Belarus legislators provide extended regulation of operative and search activities with clear distinguishing of general and individual approaches to performance of key operative ad search tasks including data fixation. Due attention is also paid to measures taken to safeguard persons involved in performance of operative and search activities, prevention of data leakage, protection of citizens’ constitutional rights.