Legal Regulation of Covert and Investigative-Operative Activity Performance According to International Agreements
Abstract
Article presents characteristics of background of legal regulation in the area of covert and investigative-operative activity according to international agreements of Ukraine. It is justified that statutory regulation must be analyzed systemically in three components: the Constitution of Ukraine, the Codes and Laws of Ukraine; international agreements ratified by our state; by-laws. It is underlined that provisions of international agreements which enshrine the fundamental human rights and freedoms are to be observed in the course of covert and investigative-operative activity performance, in particular the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), the First Protocol and Protocols № 2, 4, 7, 11, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) etc. In particular, we speak of right to life, freedom and personal inviolability; freedom from torture, other cruel, inhuman or degrading treatment or punishment; freedom from arbitrary arrest, detention or exile; right to presumption of innocence; freedom from illegal interference in private and family life et al. Within the conditions of international crime combating covert and investigative-operative activity effectiveness depends on application of measures of international cooperation between law enforcement agencies of different states. Therefore it is crucial to comply with requirements of specialized multilateral and bilateral agreements along with intergovernmental international agreements – UN Convention against Transnational Organized Crime (2000) and relevant intergovernmental agreements. European integration selected as priority goal requires ensuring the compliance with the highest democratic standards in observance and protection of human rights and freedoms in the course of law enforcement activity performance. Another equally important strategic area of development – conclusion of multilateral and bilateral agreements on international cooperation between agencies and bodies responsible tasked to perform covert and investigative-operative activity.
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