Legislative Regulation of Covert Actions and Operative-Search Activity in Ukraine
Abstract
Article presents characteristics of legislative framework regulating covert actions and operative-search activity in Ukraine. Author systematizes statutory acts regulating covert actions and operative-search activity in groups: acts defining the key tasks of covert actions and operative-search activity; acts establishing procedure of covert actions and operative-search activity performance and functions of its subjects; acts establishing application of special measures in the course of covert actions and operative-search activity; acts defining application of specific forms and methods of covert actions and operative-search activity; acts regulating procedure of accumulation, systematization and use of obtained data. Statutory sources regulating organization of covert actions and operative-search activity are separated into two groups: international and national legislation. Author analyzed international agreements regulating the process of international cooperation in the abovementioned area. Separate group is formed by statutory acts with restricted access according to the Law of Ukraine «On state secret», 1994. Current features of covert actions and operative-search activity statutory regulation are differentiated: area of law enforcement social relations regulated by multiple statutory acts; aimed at organization and result; relations between subjects and objects are legally shaped; always connected to actual relations; performed with use of complex system of methods compliant with the legal requirements; guarantee enforcement of legal requirements; impact on law enforcement subjects and objects behavior in order to fulfill the tasks; performed with use of legal standards and relevant legislative acts. It is stated that currently a sufficient statutory framework is formed in Ukraine which allows to ensure organization of covert actions and operative and search activity. But some issues still require further improvement.
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