THE STAGES OF INSTITUTIONALIZATION OF COVERT INVESTIGATIVE SEARCH ACTIONS IN THE CRIMINAL PROCEDURE LAW OF UKRAINE BEFORE THE ADOPTION OF THE CRIMINAL PROCEDURE CODE OF UKRAINE IN 2012

Abstract

In this article, the author comprehensively examines the issue of the stages of institutionalisation of covert investigative (detective) actions in the criminal procedural law of Ukraine prior to the adoption of the CPC of Ukraine in 2012. For this scientific article, the author used general scientific methods of cognition, as well as a number of special research methods: formal-dogmatic (legal) – to reveal the content of the legislative acts referred to in the article; dialectical – to understand the essence of the advantages and disadvantages of the reforms; and comparative analysis – to analyse the content of legislative provisions in criminal procedure. The regulatory and legal basis for this study is the criminal procedure legislation and international acts in force in Ukraine in different periods. The novelty of the results obtained is determined by the fact that the author has thoroughly studied the stages of development of the powers of state authorities to conduct operational and investigative activities. The author distinguishes and analyses the legislator’s approach to determining the grounds for conducting, obtaining permission, the procedure for conducting and recording, and using the results of covert measures in the course of regulating these special investigative actions, and also introduces a reservation regarding the possibility of limiting the guarantees of human rights and freedoms, depending on certain circumstances which pose an increased public danger and the procedure for such limitation. Attention is also drawn to the basic principles of organisation, conduct, grounds for conducting and using the results of operational search activities, as well as the duties of the bodies conducting them, the forms and methods of their conduct and operational and technical measures, and restrictions on conducting operational search activities, formulated by the Ukrainian legislator. The article emphasises the importance of changes to Ukrainian legislation in the field of criminal procedure, namely, the conduct of covert investigative (detective) actions prior to the introduction of the current Criminal Procedure Code of 2012.