perational-search activities may create and use information systems and institute operational proceedings. The operational proceedings are instituted on the grounds listed in section 7 of the Act for the purposes of collection and systematisation of information, verification and evaluation of the results of the operational-search activities, and taking the relevant decisions by the agencies charged with operational-search activities. The institution of operational proceedings may not serve as a ground for restriction of constitutional rights and freedoms and lawful interests of an individual and a citizen (section 10). Results of operational-search activities can serve as a basis for bringing criminal proceedings and can be used as evidence in accordance with the legislation on criminal procedure (section 11).
27. The Police Act (Law No. 1026-I of 18 April 1991) provides that the police may enter the dwelling against the will of those living there if there is a reason to believe that a crime has been committed there (section 11). Actions or inaction on the part of a police officer can be appealed against to a higher police official, a prosecutor or a court (section 39).
28. The Law on complaints about actions and decisions impinging upon the rights and freedoms of citizens (Law No. 4866-I of 27 April 1993) provides that a court of general jurisdiction may hear complaints about actions or decisions of State and public officials which infringe citizens' rights or freedoms or prevent citizens from exercising their rights and freedoms. It is incumbent on the officials concerned to demonstrate the lawfulness of their actions or decisions (section 2).
THE LAW
Alleged violation of Article 8 of the Convention
29. The applicant complained that the investigator had unlawfully entered and searched his flat and thereby breached his right to respect for his home. He relied on Article 8 of the Convention, which reads as follows:
"1. Everyone has the right to respect for... his home...
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
30. The Government contested that view.
A. Admissibility
31. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
B. Merits
32. The Government accepted that the exercise of the right to enter the applicant's home by the investigating officer had amounted to an interference with the applicant's right to respect for his home within the meaning of Article 8 of the Convention. They considered however that the interference had been justified under Article 8 § 2 of the Convention: the investigator had acted in accordance with Articles 178 and 179 of the RSFSR Code of Criminal Procedure, which laid down the scope and manner of exercise of the power conferred on the investigator to inspect the scene of the crime; that his actions pursued the legitimate aim of investigating the incident of forgery of an official document; and that they were necessary in a democratic society.
33. The applicant maintained his complaint.
34. The Court observes that upon receipt of information as to the applicant's involvement, inter alia, in forgery of official documents, the deputy head of the town police decided to carry out a test purchase at the applicant's flat in ord
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