Theory of the operative investigative activity: the need to update the system of fundamental categories of science considering the practical needs

Abstract

Adoption of Criminal Procedure Code (CPC) of Ukraine in 2012 began the trend of mutual penetration of operative investigative activity and criminal proceedure. This is consistent with the international practice of the functioning of the criminal justice bodies and the requirements of logic. These trends led to the need of implementation of new scientific categories and view the contents of the established that they correspond the current legal realities. The basic categories needed by practice to form the basis of the scientific investigations based on the trends of strengthening the operative investigative activity and criminal proceedure are determined. In the sence of modern legal realities the meaning of terms ‟operative units”; ‟operative units activity”; ‟organization of the operative units activity”; ‟tactics of the operative units activity”; ‟providing criminal procedure evidence by the operative units”; ‟operative documentation” are considered. The concept of operative units has been proposed to give in the part 1 Art. 41of CPC of Ukraine, stating: ‟The operative units are the subjects that authorized to perform the operative investigative activities in accordance with the Art. 5 of the Law of Ukraine ‟On operative search activity”. The author proposes to determine the operative units activities as a complex actions of the operative investigative activity subjects based on the laws and subordinate normative legal acts that identified: the operative investigative measures and investigative (detective) actions, covert investigative (detective) actions that are carried out in order to prevent, detect and investigate crimes (with the creation (receiving) of documents, the content of which is actual data concerning such violations); providing information to investigators and prosecutors that is necessary for the decision-making concerning the effective organization of collecting evidences and tactics of the pre-trial investigation; security of court and law enforcement bodies staff involved in the criminal proceedings, their families and close relatives.