In the study short digression to operational search science and compar-ative and legal analysis of the concept of dwelling as the object of operation-al search interest was carried out. The author notes that operational search science investigates those phenomena of reality, and also general and specif-ic regularities of their emergence and development, knowledge and which use allows not only to develop fundamental problems in this area, but also to form the policy of right application in the solution of problems of profes-sional investigation. The norms of substantive law have unconditional ad-vantage over procedural instructions. In the situation of operational search penetration into dwelling as the priority the provision of the criminal code of Russian Federation defining a dwelling as "an individual house with inhab-ited and non-residential premises entering it has to act, the premises irre-spective of form of ownership entering into housing stock and suitable for continuous or temporary residence and equal other rooms or the structure not entering into housing stock, but intended for temporary residence". For the purpose of uniform understanding and use in the sphere of criminal jus-tice of considered category it is necessary to replace with specified formula-tion the definition of the concept "dwelling" from item 10 of Art. 5 of the Criminal Procedure Code of the Russian Federation.