Improvement of the Terminological Apparatus of Chapter 21 of the Criminal Procedure Code of Ukraine

Abstract

The article deals with some problems arising during the realization by the investigative and operative subdivisions the provisions of the Chapter 21 of the Criminal Procedure Code of Ukraine due to the imperfections of the terminological apparatus. The ways of solving these problems are proposed. The basic principles of improvement of the terminological apparatus of the institute of covert investigative (search) actions are determined. There was determined that the lack of the terminological apparatus of the Chapter 21 of the CPC of Ukraine makes impossible the adequate legal regulations of organizing covert investigative (search) actions in the normative legal acts that have the interdepartmental and departmental character. Their developers in formulating the provisions of orders, instructions and guidelineshave tried to circumvent the formulations of the legislators and enable the work of investigative and (on their behalf) operative subdivisions during conducting covert investigative (search) actions. Later it leads to the fact that the defence will have the legal grounds to demand that the court declared inadmissible all evidence obtained as a result of conducting covert investigative (search) actions. It is noted that the names of specific covert investigative (detective) actions must be aligned with their content. Thus, it is necessary to use traditional for national law-making and enforcement practice terms. The legislative classification of the covert investigative (search) actions should not ground on the psychological concept (especially a legal definition of psychological conditions), and on such legal criteria as publicity and privacy (specific places in physical space, radio ranges and segments in the virtual information space).