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CONCLUSIONS UNDER THE HEAD:

1. In the course of legal regulation of activity of investigation in sphere of gathering and getting of the prospecting information before the state there are two equally the important and significant problems.

On the one hand, it is necessity to provide observance guaranteed by the constitution and laws of the rights and freedom of citizens, on the other hand, it is necessity to create the conditions as much as possible favouring to activity of investigation and allowing prospecting services effectively to solve problems facing to them. The history of development of legal regulation of activity of investigation of the USA in sphere of gathering and getting of the prospecting information, in essence, is reduced to the decision of these two problems. Thus, as it proves the American experience, the basic complexity for the legislator is represented not by necessity of the decision of any of these problems (separately any of them can be solved easily enough), and necessity of their simultaneous decision.

2. Prospecting activity in sphere of gathering and getting of the prospecting information, owing to the nature, anyhow mentions (or can potentially mention) the rights and freedom of citizens of the USA, guaranteed by the American constitution. Therefore, a problem of maintenance of the rights and freedom of citizens from the point of view of legal means used for its decision to a certain extent protivopolozhena to a problem on formation of as much as possible favorable conditions for activity of the prospecting services which are carrying out gathering and getting of the prospecting information. Simultaneous decisions and problems of maintenance of constitutional laws and freedom of citizens, and the establishment of the legislative norms favouring to activity of investigation, assumes an establishment of the certain balance reflecting optimum parity between interests of investigation and interests of protection of the rights and freedom of citizens for a current historical stage in history of the state.

3. The in itself concept of the balance expressing an optimum parity between requirements of special services in gathering and getting of the prospecting information and necessity of protection of the rights and freedom of citizens, rather also is applicable only by the concrete historical period. In the conditions of the strong and stable state and low level of threats of safety of citizens this balance is displaced towards maintenance of guarantees of the civil rights and freedom. At change of a historical situation and growth of threats to the state or safety of the population the balance is seriously displaced in protivopolozhennuju the party. Thus there is an expansion of the rights of special services and, conformable to this expansion, reduction of the civil rights and freedom.

4. Establishing legal standards in sphere of gathering and getting of the prospecting information, the American legislator rigidly divides standards which urged to protect the rights and freedom of the American citizens and standards which regulate activity of investigation concerning foreign subjects and stateless persons. If in the first case a priority are the rights and freedom of Americans and free-hand of prospecting services is often limited to rather rigid regulating standards in the second case an indisputable priority are interests of effective work of investigation.

Accordingly, the legal standards regulating activity of special services concerning persons, not being the American citizens pursue the aim only as much as possible to promote successful activity in sphere of gathering and getting of the prospecting information.

5. Formulating legislative definition of the term "secret operation", the American legislator has deliberately evaded from reduction of the exhaustive list of those actions of investigation as which it is necessary to consider as "secret operations", having preferred to determine this term by transfer only those actions of investigation which are not "secret operations". The similar approach sees rational and far-sighted. As prospecting bodies, as well as other bodies of the state, urged to solve the diversified problems facing to the state, using secret receptions peculiar to investigation and the activity methods, the similar "flexible" approach to definition of "secret operations" allows to assign to investigation performance of any actions in which the state but which owing to those or other reasons cannot be carried out bodies is interested, openly and officially operating on behalf of the state.

6. Considering that potential threat for the international authority of the state which "secret operations" can represent investigations in case of their failure and exposure of participation of the state to their carrying out, the practice which has developed in the USA of a legislative regulation of all aspects connected with preparation, financing and carrying out of the similar operations, fixing the personal responsibility of the president for all spent "secret operations" and the rigid control from the Congress behind their realisation sees justified and expedient.

7. The registration legislation actively used by the USA in interests of maintenance of national safety in 40-50 years of the XX-th century became the powerful tool allowing prospecting services and law enforcement bodies of the USA effectively to solve put before them the problem state. Features of registration laws,

Establishing from registration, instead of for certain actions, belief or membership in any organisations, the registration legislation for counteraction to such threats of safety of the state which proceed from external hostile forces allows to use the criminal liability for evasion, but mask under remedial, trade-union, nature protection or other activity resolved by the law. Preservation in the American legislation of positions of the registration laws accepted more 60 years ago testifies to that, as at a present historical stage of development of the USA the registration legislation has not lost the urgency and with success solves problems assigned to it.

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A source: Dundukov Michael Jurevich. INVESTIGATION In the MACHINERY OF GOVERNMENT of the USA (ISTORIKO-LEGAL ASPECT). The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow 2014. 2014

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