The Criminal Procedural Activity of the National Anti-Corruption Bureau of Ukraine’s Detective: Issues of Theory and Practice

Abstract

The article is grounded on the comparative analysis of the legislation, theoretical studies and law enforcement practices. It reveals topical issues of theory and practice of the criminal procedural activity of the National Anti-Corruption Bureau of Ukraine’s detective. The absence of fundamental researches of a detective’s activity in criminal proceedings which can reflect or predict solutions of problems and arises as a result of professional activity of the recently established law enforcement agencies in Ukraine is underlined. It is proved that the detectives of the NABU met a number of topical issues while serving their duties which have obviously affected the results of the struggle against corruption. There are the most significant problems that require immediate solutions: the uncertainty of the status of a detective of the NABU in the Criminal Procedure Code; the absence of the legislative correspondence between the order of the of information input into the Unified Register of Pre-trial Investigation the absence of the legislative correspondence between the Criminal Procedure Code, the Law of Ukraine «On the National Anti-Corruption Bureau» and the Law of Ukraine «On operative-search activity», the regulation of the rights and duties of a detective of the NABU; the absence of the comprehensive list of powers of a detective of the NABU. Also, there is no mechanism of the criminal proceedings’ enforcement into the activity of other law enforcement agencies according to the Criminal Procedure Code and so on. Some directions of solving these problems are considered in this report, although they cannot be established as the ultimate truth.