The Current State of Legislative Regulation of the Housing Examination or Other Possessions of Persons by Secretly Penetrating them
Abstract
The present state of the legislative regulation of the survey of housing or other possession of a person through the secret penetration into them is explored. The national and international legislation at the legislative level, which regulates the examination of housing or other possession of a person by secretly penetrating them, is analyzed. Human rights and freedoms, in particular the right to property and private housing, are enshrined not only in national but also in international legal acts.
In accordance with national legislation, we can conclude that the survey of housing or other possession of a person through secret access to them is realized by the relevant actors in two forms: during operational and investigative measures and conducting an unconscious investigative (search) action. It is necessary to consider legal regulation depending on the type of operational-search or procedural activity.
It was concluded that at the legislative level only the right to inspect the dwelling or other possession of a person through secret access to them as a kind of secret investigative (search) actions and operational-search activities was fixed, however, organizational and tactical peculiarities of such activity were not disclosed.
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