Participation of Operative Units in the Pre-Trial Investigation of Mass Disorders
Abstract
The purpose of this article is to outline the main problems of participation of operative units in the pre-trial investigation of mass disorders and to identify ways to solve them. The theoretical basis for the study was the work of scientists who studied the status and activities of operative units within the framework of criminal proceedings, as well as the provisions and conclusions of scientific works concerning mass disorders. The analysis of the essence of mass disorders as criminal acts, which make up a subject of cognition in law-enforcement activity is carried out. For the first time, it has been emphasized that there are two variants of participation of operative units in the pre-trial investigation of these disorders. The first option concerns mass disorders, which occurred spontaneously or when there was no information about them beforehand. In this case, operative units are involved in the investigation after the start of mass disorders. The second option is when the information about the organization (preparation) of mass disorders has been received in advance (with the introduction of this information to the single register of the pre-trial investigations).
It has been substantiated that there are two main problems of the participation of operative units in the pre-trial investigation of mass disorders. First, during the pre-trial investigation of mass disorders, the operative units can not use all their inherent arsenal of secret measures of the investigation, due to the fact that the CPC of Ukraine does not have the appropriate secret investigative (search) actions. Secondly, in conditions of mass disorders, which are already ongoing (within the framework of the criminal proceedings commenced), operative units in the city of events are not authorized to initiate their own open public investigations or secret investigative actions immediately. This deprives them of the ability to identify organizers and active participants in mass disorders. The solution of these problems is seen in the immediate normalization of the institute for the operative support of criminal proceedings at the level of the CPC of Ukraine.
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