Іmprovement of Legal Background Operative-Search Activity
Abstract
All transformations taking place in state legal environment, law enforcement activity necessitate the determination of the peculiarities of its legal regulation and formulation of relevant solutions. Taking into account that since the adoption of the Law of Ukraine «On operative-search activity» (1992), legislation regulating activities related to detection, solution, investigation and prevention has been modified considerably, law enforcement activity is performed in new conditions of social life, therefore the issue of establishment of legal framework of operative-search activity has become a topical one. Recent research proves that Article 3 of the Law of Ukraine «On operative-search activity», which content shapes its legal background, requires improvement. Firstly, we must underline the priority of international treaties of Ukraine in the system of Ukrainian legislation. Modern stage of countryʼs development is characterized with systemic steps taken to accelerate integration into global and European community by ensuring the compatibility of Ukrainian legislation with the highest international standards. We require new approach for understanding of the essence and tasks of operative-search activity. Secondly, the abovementioned Article 3 of the Law of Ukraine «On operative-search activity» still contains certain discrepancies with provisions of other laws. Thirdly, while determining the legal background of operative-search activity, we must stress on the obligation to consider the ECHR practices. A conclusion is justified that the Constitution of Ukraine itself is a legal background of operative-search activity. Secondly, we should mention the international treaties of Ukraine recognized as binding by Verkhovna Rada
of Ukraine followed by the laws and by-laws. Mentioned provisions are offered
to be taken into account in order to amend Article 3 of the Law of Ukraine
«On operative-search activity».
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