ARGUMENTS IN FAVOR OF ATTRIBUTING INVESTIGATIVE SECRETS TO THE BASICS OF CRIMINAL PROCEEDINGS
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article is based on the analysis of recent researches and publications. It is approved that in the national scientific works, especially in the context of reforming criminal justice and act of current criminal procedural and operational-search legislation in the complex, monographic level, the problem of securing investigative secrecy in the pre-trial investigation was not yet covered. As example given publications allowed to formulate a number of arguments in favor to classify investigative secrets to the principles of criminal proceedings in Ukraine. It is accent that the most important characteristic of any social activity is its effectiveness, and “information” is defined as the main category of investigative activity, without which investigative activity is impossible. It was emphasized that for the effective implementation of investigative activities, it is necessary not only the availability of information obtained during operation, but also the maximum use and preservation from disclosure. It is proved that without observance of the timelines, as one of the principles of judiciary, it is impossible to ensure the effectiveness of investigative activities. It is noted that such condition without which it becomes impossible to ensure observance of reasonable time-limits as an investigative secrets to the basic principles of criminal proceedings provided to Art. 7 CPC of Ukraine, did not enter. It was concluded that expediency of incorporating the investigative secrecy into the system of general principles of criminal proceedings along with the principles of “timelines”, “secrets of communication”, “noninterference in private life”.
Authors and Affiliations
Олександр Олександрович Подобний, Марина Леонідівна Пасечник
Keywords
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