Conducting Covert Investigative (Detective) Actions in Respect of a Person with the Personʼs Consent
Abstract
The practicability of establishment of a simplified procedure order of covert investigative (detective) actions in respect of a person who is their subject are substantiated. The proposal for amendments and additions to the Criminal Procedure Code of Ukraine in terms of covert investigative (detective) actions in respect of a person with the person’s consent or initiative are given.
Proposed in the Art. 246 of the CPC of Ukraine states that any covert investigative (detective) actions in respect of the concrete person, as well as his/her property, may be conducting with the person’s consent on the basis of the investigator’s or prosecutor’s order ‒ without a decision of investigating judge.
It is substantiated that public relations connected with ensuring the security of persons involved in criminal proceedings should be regulated not by a special law but by a separate chapter within the CPC of Ukraine. Among other things, it should be noted that to ensure the security of persons involved in criminal proceedings in respect of a person with the person’s consent (or initiative), and his/her property, shall be conducted covert investigative (detective) actions specified in Art. 260‒264, 267‒270 of the CPC of Ukraine.
It is also necessary to standardize that the facts obtained during such actions may be used as evidence in criminal proceedings on the grounds and in the manner prescribed by the CPC of Ukraine.
Proposed the rules of Part 2 of the Art. 246, as well as the Art. 268, 269 and 270 of the CPC of Ukraine should be to emphasize that the location of the radio electronic device; observing a person, thing or place; audio, video control of the place was sufficient to take the investigator’s or prosecutor’s decision.
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