Question Concerning Institute of Secret Investigative (Search) Actions and Possible Directions for their Solutions
Abstract
The modern criminal procedural and operatively-search
legislation and results of the last scientific researches are analyzed.
The range of problematic issues of using the results of secret
investigative (search) actions in criminal proceedings is determined.
The main directions of their solution are determined in the context of
the current situation in Ukraine.
Practical implementation of the provisions of the Code of Criminal
Procedure (CCP) of Ukraine helped to identify a number of problems
in the application of the Code of Standards by investigators and
operational units. This directly relates to the newly created institution of
unsolicited investigative (investigative) actions, which is problematic,
which determines the relevance of the chosen to research direction.
There are significant problems in this area: the lack of a clear
distinction between operatively-search and secret investigative
(search) actions, which makes it difficult for the personnel to
understand the importance of procedural correct documentation of
unsolicited investigative (investigative) actions; imperfection of the
protocol form of fixing their results; insufficient legal regulation and
practical shortcomings in the interaction of investigative, operational
units and the prosecutor’s office in the course of consolidating the
results of secret investigative (search) actions.
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