Improvement of Regulatory Legal Acts in Operational-Searching Combating Appropriation and Embezzlement of Budget Funds

  • Ya. Vasylevych Researcher of the Department of Special Equipment and Operational Activities of the National Academy of Internal Affairs, Kiev, Ukraine
Keywords: operational search measures, secret inquisitional (to the search) actions, operative subdivision

Abstract

In this article grounded an author some ways of perfection of operational search measures and secret investigators of criminal investigation actions in a fight against criminality. Indicated on the need to resolve differences between the Ukrainian law «About detective and search activity» in Criminal Procedure Code of Ukraine and departmental orders and instructions in a defined operational-search activities and covert investigative (detective) actions, the legislation should eliminate existing legal conflict, through which can not clearly distinguish rights between operational units and operational-search activities and covert investigative (detective) actions they can apply. This requires: а) to give the concept of search operations; b) to make a clear classification of search operations, namely: search operations carried out on the basis of the judge’s decision rendered by the investigating agreed with the prosecutor request operating unit head or his deputy; operational-search activities which can be adopted only by prosecutor: operational-search measures for the decision of the head of operational unit, where predicted order of their realization on the initiative of the operational unit, instead of sending an order of covert investigative (detective) actions that are carried out exclusively in criminal proceedings. It should provide operational units the right to go to court with a request to conduct of operative search measures within the operational-search cases; c) provide operational units the right to go to court with a request to conduct of operative search measures within the operational-search cases.

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Author Biography

Ya. Vasylevych
Researcher of the Department of Special Equipment and Operational Activities of the National Academy of Internal Affairs, Kiev, Ukraine

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How to Cite
[1]
Vasylevych, Y. 1. Improvement of Regulatory Legal Acts in Operational-Searching Combating Appropriation and Embezzlement of Budget Funds. Scientific Herald of the National Academy of Internal Affairs. 101, 4 (1), 74-80.
Issue
Vol 101 No 4 (2016)
Section
Legal regulation of law enforcement
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