Scientific Journal of the National Academy of Internal Affairs

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Vol. 22, No. 3, 2017
  • secret investigative (search) actions, criminal process, operational units, assignments of the investigator (prosecutor).
  • Pages 353-363

The modern criminal procedural and operatively-search legislation and results of the last scientific researches are analyzed. The range of problematic issues of using the results of secret investigative (search) actions in criminal proceedings is determined. The main directions of their solution are determined in the context of the current situation in Ukraine. Practical implementation of the provisions of the Code of Criminal Procedure (CCP) of Ukraine helped to identify a number of problems in the application of the Code of Standards by investigators and operational units. This directly relates to the newly created institution of unsolicited investigative (investigative) actions, which is problematic, which determines the relevance of the chosen to research direction. There are significant problems in this area: the lack of a clear distinction between operatively-search and secret investigative (search) actions, which makes it difficult for the personnel to understand the importance of procedural correct documentation of unsolicited investigative (investigative) actions; imperfection of the protocol form of fixing their results; insufficient legal regulation and practical shortcomings in the interaction of investigative, operational units and the prosecutor’s office in the course of consolidating the results of secret investigative (search) actions.

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