Unofficial Investigation as a Fundamental Category of the Theory of Operational Investigation Activity and Criminal Process
Abstract
The article reveals the concept and content of operational investigation activity and unofficial investigation, as well as correlates the specified terms. The purpose of the article is to describe the category of «unofficial investigation» on the basis of a comparative analysis of the provisions of the operational investigation activity and criminal-procedural legislation. The methodological basis of the study is a set of both general scientific and special methods of cognition and investigation. The use of these methods allows us to analyze the elements of operational investigation activity, unofficial investigation measures and criminal proceedings in order to determine their correlation and on the basis of the received information to formulate proposals for the current legislation. It is noted that the operational investigation activity and unofficial investigation of the operational units of the National Police largely coincide in content, but are not identical. It is emphasized that the content of the unofficial investigation does not belong to the part of the operational investigation activity, which is carried out openly, and the content of the operational investigation activity does not belong to the unofficial investigation of the operational units within the framework of criminal proceedings, carried out on behalf of the investigator or prosecutor. Operational investigation activity and unofficial investigation of the National Police’s operational units are elements (usually superimposed) of the broader category of «operational units’ activities». This category covers the performance by the National Police of all the functions assigned to them by Law and Legal Acts. It has been stated that Operational investigation activity is defined as a system of actions which: 1) are conducted for the purpose of detection and termination of crimes, prevention of criminal offense; 2) consist of finding and recording the actual data on criminal activity of individuals and groups, location and fate of wanted persons; 3) are carried out by operational units of law enforcement bodies in accordance with the powers assigned to them by Law; 4) can be conducted both openly and implicitly. Unofficial investigation – part of the activity of the operational units, which purpose and tasks coincides with the operational investigation activity and is a system of exclusively unofficial actions, which include: 1) conducting unofficial investigation measures within the framework of different cases but only after obtaining the relevant permissions of the investigating judge and approval of the prosecutor; 2) fulfillment of the instructions of the investigator, the prosecutor for conducting unofficial investigation (search) measures; 3) conducting unofficial investigation measures, which in accordance with the Law do not require special permits and can be conducted by operational units on their own initiative, including without launching a case. The scientific novelty of the obtained results is that the article further reflected the scientific opinion on the definition of the concept and content of the category «unofficial investigation» and its correlation in the operational investigation activity and criminal procedural legislation.
To сonclusions, we can confirm that operational investigation activity and unofficial investigation measures of the operational units of the National Police of Ukraine are substantially the same in content, but not identical. The possibility of conducting the activities of the said group (search activities) should be enshrined on the level of the Law of Ukraine «On Operational Investigation Activities» and the Criminal Procedure Code of Ukraine.
Keywords: operational investigation activity; unofficial investigation; operational units; operational-search activities unofficial investigation (search) measures.
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