Institute of covert investigative (detective) actions: challenges of combating crime
Abstract
Fixing the institute of covert investigative (detective) actions in Criminal Procedure Code of Ukraine provided effective mechanism for combating crime by pre-trial investigation. In most European countries legaslation provides similar domestic unofficial investigive (detective) action steps that operate for a long time. Therefore jurisprudence to verify the legality of their conduct by the European Court of Human Rights indicates that the possibility of state is secret interference to the rights of citizens is admissible, subject to certain requirements. These requirements are aimed to determine the precise limits of state intervention in the private life of citizens in order to prevent, on the one hand, abuse, and on the other, to provide effective remedies to the citizens whose rights are restricted. Incidentally legislation does not provide mechanisms to regress citizens. In addition, it is necessary to review provisions for of usine results of operational search actions, because if the CPC of Ukraine defines the procedure for declassifying, use and disposal, the Law “On operative-search activity” is not regulate the grounds of such information’s use in other criminal proceedings and so on. At the same time, law enforcement agencies are limited because of the inability to carry out covert activities on the offenses which are not serious because tacit investigative (detective) actions under the CPC of Ukraine held on grave and especially grave crimes. Not quite “efficient” use of covert activities to a certain extent also due to some imperfection of some norms. Experience of the CPC of Ukraine to investigate crimes of corruption, cybercrime necessitates revision of established approaches to conducting investigative (detective) actions exclusively on grave and especially and crimes.
In view of this, the article is problematic issue of covert investigative (detective) actions makes appropriate changes.
Downloads
Abstract views: 119 PDF Downloads: 190
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
