NORMATIVE AND LEGAL REGULATION OF COVERT INVESTIGATIVE (SEARCH) ACTIONS

Abstract

The scientific article contains the theoretical provisions of the organization and conduct of covert investigative (search) actions and operational-search activities in criminal proceedings. Legislative requirements for fixing and documenting the results obtained as a result of their implementation are determined. Particular attention is focused on the potential risk of violating the constitutional rights and freedoms of a person and a citizen in case of violation of the requirements of the current criminal procedural legislation during covert investigative (search) actions and operational search activities. In modern legal realities, the effectiveness of pre-trial investigation of criminal offenses depends not only on the level of professionalism of law enforcement agencies, but also on the quality of current criminal procedure legislation governing the procedure and limits of its implementation. At the same time, many experts pointed to the functional problems of using covert investigative (search) actions and operational-search measures in the process of disclosing and investigating criminal offenses, taking into account repeated changes in the criminal procedural legislation of Ukraine. Despite numerous scientific achievements in the direction of further improvement of the norms of the current Criminal Procedure Code of Ukraine, the existing risk of excessive restriction of human rights in pre-trial investigation necessitates a more meaningful study of certain aspects of the legal regulation of covert investigative (search) actions and operational-search measures, contributing to proper fulfillment of the tasks of criminal proceedings. Thus, the theoretical and practical interest are the problems of legal regulation of covert measures in criminal proceedings to determine opportunities to improve the procedural form of covert investigative (investigative) actions and operational measures in close connection with respect for human rights and legitimate interests.