CONFIDENTIAL COOPERATION ON CONTROL OVER THE COMMISSION OF A CRIME: THEORETICAL ASPECTS

Abstract

The article analyses problematic issues regarding the use of confidential cooperation in conducting various forms of control over the commission of crimes. It is argued that the fight against crime requires employees of pre-trial investigation bodies and operational units of the National Police of Ukraine to obtain reliable and complete information in a timely manner, the assessment of which allows them to draw reasonable conclusions and make the right decisions. It is stated that in order to obtain timely, reliable and complete information that would facilitate effective control over the commission of crimes, authorized law enforcement agencies use specific forces, means and methods, among which confidential cooperation plays a special role. It is noted that confidential cooperation is a legally defined activity of prosecutors, investigators, and operational unit employees with other persons who, within the framework of criminal proceedings, provide assistance on a confidential basis or are involved in conducting covert investigative (search) activities. Confidential cooperation may be used both on the initiative of law enforcement agencies and on the initiative of individuals who have decided to assist law enforcement agencies in combating crime on a confidential basis. It is argued that by using confidential assistance from citizens, law enforcement agencies obtain significant information that contributes to the implementation of operationalinvestigative activities and criminal proceedings. It should be noted that the ways in which law enforcement agencies use undercover agents to monitor the commission of crimes depend on the forms of such covert investigative (search) activities, as well as on the capabilities of the persons providing confidential assistance. It has been proven that the main areas of use of confidential cooperation by law enforcement agencies in monitoring the commission of crimes are: provision of timely, relevant information; direct participation of individuals in monitoring the commission of crimes; assistance in carrying out other operational and investigative measures and covert investigative (search) activities; provision of consultations and advice on ensuring the conditions for monitoring the commission of crimes.