Prospects for Enhancing Operational-Investigative Activities in Light of the Case Law of the Court of Cassation of the Republic of Armenia

The article examines the case law of the Court of Cassation of the Republic of Armenia concerning operational-investigative (operational-search) measures conducted on the basis of judicial authorization. Its purpose is to analyse and synthesise the fundamental principles, approaches and legal positions derived from the precedent-setting decisions of the Court of Cassation that may prove useful and effective in the conduct of operational-investigative activities. Drawing on the Constitution of the Republic of Armenia, the RA Law “On Operational-Search Activities”, the RA Code of Criminal Procedure and the case law of the European Court of Human Rights, the author considers judicial review as a key safeguard against arbitrary interference with the right to respect for private life. Particular attention is paid to the enhanced protection of communications between the accused and defence counsel, the two-stage test for challenging judicial decisions authorizing operational-investigative measures, the requirement that the desired result cannot reasonably be achieved by other means, the qualitative rather than quantitative assessment of the materials supporting an application, the requirements applicable to judicial acts authorizing such measures, and the conduct of “covert observation” in places of detention. The study employs the formal-legal and comparative-legal methods, as well as the analysis and synthesis of judicial practice. The author concludes that judicial oversight is a fundamental mechanism for maintaining a proper balance between constitutionally protected interests, and that the legal positions of the Court of Cassation have evolved in accordance with the principle of a reasonable balance between public and private interests.