Problems of Statutory Compliance in the Course of Crime Committal Control

Abstract

The actuality of above mentioned topic’s research is grounded on the fact that at present there are many problematic questions as to the obedience to the Law in the process of the control over the commission of a crime exercising. The control over the commission of a crime is worked out as covert (investigative) action; the attention is paid to the specification of the control for the crime commission along with the other covert investigative (detective) actions. Separate forms of the control for the crime commission are researched. The author of the article examines the problems of modern criminal proceedings as to the organization of the control for the crime commission and establishing procedural grounds for making the decision for beginning of covert investigative (detective) action. Investigating the matter, the author analyzes the norms of current legislation, the scientific literature on the basis of which he forms his own point of view as to the problem of the legitimacy of control over the commission of a crime. The analysis of the legislative regulation of the institute of covert investigative (detective) actions in criminal proceedings, of the issues related to discrepancies in the legislation of Ukraine on this issue is performed. The order of performing of a special investigative experiment, imitation of the offense’s background accentuates the attention on the possible risks of breaking the law and the ability of their contemporary elimination.