The Historical and Legal Background of Covert Operative and Search Activities Regulation in Ukraine
Abstract
The article presents historical and legal background of covert operative and search activity regulation in Ukraine taking in account changes and challenges society is facing today along with reforming of law enforcement system. The historical background for the abovementioned activities’ development is analyzed, current condition of covert operative and search activity regulation is characterized, future perspectives and improvement areas are outlined.
The author differentiates the following historical stages of covert operative and search activity regulation development in Ukraine: 1) period covering Kievan Rus times (10th–13th century); 2) incorporation of Ukrainian territory to The Polish-Lithuanian Commonwealth (14th–16th century); 3) development of covert operative and search activity regulation in Ukraine as a part of Russian Empire (18th–20th century); 4) defined as «USSR period» (1917–1991); 5) independent Ukraine (final stage relates to the adoption of new Criminal Procedure Code amending the basic concepts of covert operative and search activity regulation; 6) current period which started in 2012 and marked with activation of law enforcement system reforming.
The key features of covert operative and search activity regulation in modern Ukraine are: social relations area of law enforcement activity regulated by a package of legislative acts and by-laws; characterized as targeted and organizational; subject-object relationship is legally regulated; specified and related to existing relations; performed with set of means compliant to legitimacy requirements; guarantee of regulations and laws enforcement; prioritization of public interest; aimed at influencing the behavior of subjects and objects of law enforcement activity to accomplish the defined tasks.
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