STATE OF SCIENTIFIC RESEARCH ON SOCIAL AND LEGAL PROTECTION OF PERSONS WHO PROVIDE ASSISTANCE TO OPERATIONAL DEPARTMENTS ON A CONFIDENTIAL BASIS

Abstract

The article is devoted to the analysis of the state of scientific research on problematic issues of social and legal protection of persons who provide assistance to operational units on a confidential basis, conducted by domestic and foreign scientists. The analysis of various scientific approaches of some scientists to the issue of security of confidants is carried out, their variants of the decision of the given problem are considered. The achievements in this area are summarized and promising areas for further improvement of reliable social and legal protection of participants in operational and investigative activities in the field of confidential cooperation in operational units of the State Border Guard Service of Ukraine. It is proved that the problems of social and legal protection of the axis, which provide assistance to the operational units of the State Border Guard Service of Ukraine, need more extensive coverage in the special scientific literature. The author outlines the regulatory framework that forms the basis of the legal status of the confidant in particular, the Constitution of Ukraine, the Criminal Procedure and Criminal Codes, the Law of Ukraine “On operational and investigative activities” and other regulations. Emphasis is placed on the fact that the issue of ensuring the protection of this category of persons needs a separate consolidation at the legislative level. In this regard, government guarantees should be considered as a major part of the legal status of a confidential employee. Proper scientific substantiation of changes and additions to the operational and investigative legislation will help increase the effectiveness of combating all types of illegal activities in Ukraine in general and at the state border in particular. At the same time, making appropriate changes to the current criminal procedure and operational-search legislation will have a positive impact on the successful implementation of certain tasks in the implementation of the Integrated Border Management Strategy until 2025, approved by the Cabinet of Ministers of Ukraine on 24.07.2019 № 687-r.