Experience in Regulating the Issue of Using Results of Secret Investigative (Search) Actions within European countries and the USA Laws and Possibility of its Application in Ukraine

Abstract

The author of the article has carried out a scientific analysis of the legislation of European countries and the USA on legal regulation and practice of conducting the results of secret means of investigation (secret investigative (search) actions) and using their results while proving within criminal proceedings. The main areas of regulatory and legal provision for the regulation of conducting secret investigative (search) actions during the investigation, as well as the peculiarities of using their results in criminal proceedings, have been highlighted. It has been emphasized that legislation of the most countries of Europe and the USA provides for the possibility of conducting secret investigative (search) actions by law enforcement agencies in order to obtain evidentiary information.  Such measures are recognized as effective means of preventing and detecting criminal offenses within the law enforcement practice of most countries. Having analyzed the legislation of the indicated countries, one can conclude that such measures are not only widely used in many of them, but also constitute a system of means of activity of state authorities for the prevention and detection of crimes. The purpose of conducting them is to obtain relevant information for the objectives of the investigation. At the same time, the legislation of the countries of Europe and the USA on conducting and using the results of secret investigative (search) actions does not necessarily distinguish between investigative actions and secret investigative (search) actions, and the obtained results are used by authorized agencies while proving at all stages of pre-trial and judicial proceedings. It has been proved that legislation of the countries of Europe and the USA has also paid considerable attention to the issues of ensuring the rule of law in conducting secret investigative (search) actions, as well as the legality of using the obtained results. The most effective means of ensuring the legality of secret investigative (search) actions in many countries are prosecutor’s supervision and judicial control over the activities of law enforcement agencies. It has been determined that  the nature of the control forms is also increased with the increase in the degree of interference into the rights and freedoms of a person due to the conduction of secret investigative (search) actions. The author has paid attention to the fact that the results of secret means of investigation in some European countries can be used while investigating criminal offenses of minor gravity. It has been concluded that there is the need to amend the Criminal Procedural Code of Ukraine (CPC) taking into account the experience of European countries and the USA, namely in terms of further improvement of the procedure for conducting secret investigative (search) actions (grounds, conditions), as well as strengthening the effectiveness of control over legality of their implementation and use of the obtained results, which should take into account the standards generally accepted in democratic countries in the field of criminal proceedings.