CHARACTERISTICS OF CONDUCT OF CONFIDENTIAL INVESTIGATORS (SEARCH) ACTIONS DURING INQUIRIES

Abstract

The article examines the peculiarities of secret investigative (detective) actions during the pre-trial investigation of criminal misdemeanors. An improved definition of the concept of undercover investigative investigative actions in criminal misdemeanor proceedings is proposed, the system of relevant investigative (investigative) actions is considered through the prism of criminal procedural legislation, and attention is emphasized to a number of features of conducting such actions. The authors summarized the understanding that the lack of right of the person against whom covert investigative (search) actions are carried out is a shortcoming of the current legislation, although the mechanism of their implementation axiomatically cannot provide for the procedure for the possibility of challenging them at the stage of receiving a sanction or directly during their implementation. It is proven that these secret actions significantly limit the personal rights and freedoms of a person (no less than temporary access to things and documents or the use of seizure of property, the decisions on which can be appealed in accordance with Article 309 of the Criminal Procedure Code at the stage of pre-trial investigation), there is a high probability for abuse of these measures by law enforcement agencies. The authors prove that a person does not always learn about the fact and the results of an undercover investigation at the time the prosecutor appeals to the court with an indictment, it can happen even earlier (as provided for in Article 253 of the Criminal Procedure Code of Ukraine). In such a case, a situation arises when a person is informed of these facts, considers these actions illegal and unfounded (moreover, as a result of their conduct, the prosecution did not receive evidence of the person's guilt), but at the same time, he cannot appeal these actions and must wait until a preliminary court hearing has been scheduled in the case. It is believed that such situations may lead to a violation of a person's fundamental right to a fair trial. The article emphasizes the imperfection of the criminal procedural regulation of the grounds and procedure for conducting covert investigative (search) actions during the investigation. The conclusions expressed in the work once again point to the need to continue scientific research in this direction.