Lototskyi M., Dzundza L. «Other» persons as participants in secret investigators (detective) actions (criminal control)

https://doi.org/10.33098/2078-6670.2023.16.28.126-132

Goal. The purpose of the work is to study the current legislation that ensures the legality of secret investigative (search) actions. The author of this work substantiates the illegality of using the materials of secret investigative (search) actions to prove the guilt of a person if an unauthorized person was involved in conducting such investigative actions. Method. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. During the research, the following methods of scientific knowledge were used: comparative-legal, logical-grammatical, systemic-structural, modeling. The results. In the process of research, it was established that persons who are not employees (employees) of operative divisions of law enforcement agencies, who are not allowed to the state secret, cannot participate in secret investigative (search) actions, but authorized persons who conduct such investigative actions can use information received from “other” persons. Evidence obtained in violation of the procedure for conducting secret investigative (search) actions must be declared inadmissible by the court. Scientific novelty. With regard to the development by scientists of the topic of involving persons not admitted to state secrets in secret (investigative) investigative actions, this topic is new. In the process of research, it was scientifically proven that the involvement of unauthorized persons in conducting such investigative actions is a violation of current legislation. Practical significance. The results of the research can be used in law-making activities for the further improvement of the national criminal procedural legislation regarding the improvement of the institution of the use of covert investigative (search) actions, in the practical work of law enforcement agencies, the defense side, the administration of justice, as well as in the educational process during the teaching and learning of academic disciplines “Criminal Procedural Law of Ukraine” and “Advocacy”.

Key words: secret investigative (detective) activity, control over the commission of a crime, criminal proceedings, prosecutor, investigator, operative units.

References

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