Legal aspects of suspect’s and accused locating using telecommunication

  • E. Shapovalenko Researcher of Department of Operational Activities of the National Academy of Internal Affairs
Keywords: search for the suspect and the accused, telecommunication network, mobile phones, Internet network, phone calls

Abstract

The current state of regulatory-legal provision and telecommunication possibilities in determination of the location of the suspect and the accused are analyzed in the article. The contents of convert investigative (detective) actions connected with the intervention into the private life of a person, namely the collection of information from transport telecommunication networks and the determination of the location of radio electronic means are analyzed too. The aim of the article is the research of the legal aspects of the wanted person location determination according to which operative and search and investigative (detective) actions connected with intervention in private life with using telecommunication can be conducted . The author adheres an attitude that at the conditions of absence of the legally secured and documentally confirmed legal connections between a consumer of moved (mobile) services and an operator of the given services the acquisition of information from transport telecommunication network is a direct violation of the Constitutional human and civil rights as to the security of the phone calls. The author analyzes the legal basis of existing law and subordinate regulatory-legal acts of determination of the phones and computers (platforms) location with using telecommunication. In the conclusions the author indicates that there are unregulated legal questions in determination of the location of the suspect and the accused with using telecommunication, which violate the Constitution of Ukraine and the right to security of the phone calls and right to non-interference into the private life.

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Author Biography

E. Shapovalenko
Researcher of Department of Operational Activities of the National Academy of Internal Affairs

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PDF Downloads: 87
How to Cite
[1]
Shapovalenko, E. 1. Legal aspects of suspect’s and accused locating using telecommunication. Scientific Herald of the National Academy of Internal Affairs. 95, 2 (1), 216-223.
Section
Law enforcement activities