Guarantees of the legality of evidence collection by investigative units of the security agencies of Ukraine when conducting covert investigative (search) actions in criminal proceedings
Abstract
The article formulates the concept of legality of evidence collection by the investigative units of the security agencies of Ukraine during covert investigative (detective) actions in criminal proceedings as one of the principles of this activity, which consists in strict compliance with the provisions of criminal procedure legislation when conducting covert investigative (detective) actions. The author notes that there is an extensive system of guarantees of legality of evidence collection by the investigative units of the security agencies of Ukraine during covert investigative (detective) actions, which are both legal and organisational in nature.
The study used a range of both general scientific and special methods of cognition, in particular, methods of dialectical and formal logic: analysis, synthesis, deduction, induction, comparative, and systemic and structural methods.
The research findings are the following: The legal guarantees include: 1) general legal: an appropriate level of legal awareness of investigators of the security agencies of Ukraine; 2) procedural guarantees: prosecutorial supervision, judicial and departmental control over the observance of the law. As for the organisational guarantees of such activities, the author emphasises the need to further improve the organisational and staffing structure of investigative units, to fill them with qualified personnel, to systematically conduct advanced training of investigators, to further improve the uniform distribution of the workload of each investigator, to ensure their proper logistical support, and to introduce electronic systems for recording criminal proceedings and document flow.
References
- Scientific and practical commentary on the Criminal Procedure Code of Ukraine / Edited by S. V. Kivalov and S. I. Kravchenko. Odesa: Phoenix, 2020. 924 p.
- Constitution of Ukraine dated 06/28/1996 No. 254k/96-ВР. URL: http://zakon1.rada.gov.ua/laws/show/254k/96-ВР
- Theory of State and Law: Textbook / O. M. Bandurka, M. Yu. Burdin, O. M. Golovko and others. Kharkiv: Maidan, 2018, 452 p
- Rabynovych M.P. Fundamentals of the General Theory of Law and State. Kyiv, 1994. 104 p.
- Theory of State and Law / Edited by S. L. Lysenkova, V. V. Kopeychykova Kyiv, 2003. 135 p.
- Marushiy O.A. Ensuring legality in the activities of executive bodies: administrative and legal characteristics: PhD abstract. 2021. 21 p.
- Kozachenko V.I. The principle of legality in criminal proceedings in Ukraine and Germany, its structural components. Rule of law. 2018. No. 31. Pp. 101–108.
- Samokhvalov V. V. Legality and justice: theoretical, legal and methodological problems of correlation and interaction in the sphere of law: PhD thesis. Kyiv, 2008. 203 p.
- Vasin E. Yu. Guarantees of legality in law enforcement activities. Law and society. 2012. No. 4. Pp. 33-37.
- Theory of state and law. Academic course: textbook / O. V. Zaychuk et al.; ed. O. V. Zaychuk, N. M. Onishchenko. 2nd ed., revised and supplemented. Kyiv: Yurinkom Inter, 2008. 688 p.
- Moldovan V. V. Criminal process of Ukraine. Workshop: teaching manual / V. V. Moldovan, R. S. Katsavets. Kyiv: Alerta, 2006. 297 p
- Loboyko L. M. Criminal procedural law: Course of lectures. teaching manual. Kyiv: Istina, 2005. 456 p.
- Tertyshnyk V. M. Guarantees of truth and protection of human rights and freedoms in criminal proceedings. Dnipropetrovsk: Jurist. acad. Ministry of Internal Affairs of Ukraine, Art-Press, 2002. 432 p.
- Tertyshnyk V. M. Criminal Procedure Law of Ukraine: textbook. 4th ed., supplemented and revised. Kyiv: Publishing House A.S.K., 2003. 1120 p.
- Nazarov V.V., Omelyanenko G. M. Criminal Procedure of Ukraine: textbook. Kyiv: Atika, 2007. 584 p.
- Rogalska V.V. Prosecutorial supervision and judicial control in pre-trial proceedings. Lecture notes. Dnipro. 2016. 67 p.
- Venediktov A.A., Venediktova Yu. E. Ensuring the admissibility of evidence obtained during covert investigative (search) actions by the prosecutor. Bulletin of Criminal Procedure. 2019. No. 2. Pp. 6-14.
- Tatarov O. Certain problems on conducting covert investigative (search) actions. Bulletin of Criminal Procedure. 2016. No. 3. Pp. 69-77
- Malynovsky V.Ya. State administration. Kyiv. Atika, 2003. 576 p.
- Stepanov A.B. The relationship between prosecutorial supervision, departmental and judicial control during pre-trial investigation: PhD thesis. Kharkiv, 2018. 235 p.
- On amendments to the Criminal Procedure Code of Ukraine regarding the introduction of an information and telecommunications system for pre-trial investigation: Law of Ukraine 01.06.2021 No. 1498-IX https://zakon.rada.gov.ua/laws/show/1498-20#Text.