IN RELATION TO PROBLEM QUESTIONS OF REALIZATION OF PROCEDURE OF SEARCH
Journal Title: Порівняльно-аналітичне право - Year 2018, Vol 4, Issue
Abstract
The need for a new mechanism for the application of the procedural law to replace what existed before 2012 is one of the first and most difficult issues of the competitive Criminal Procedural Code of Ukraine, which incorporates the tried-and-tested experience of the Western European countries and the European Convention on Human Rights and Fundamental Freedoms. Accordingly, in Art. 12 of the Universal Declaration of Human Rights states that “no one shall be subjected to arbitrary interference with his or her personal or family life, with an unfounded encroachment on the integrity of his home, on the secret of his correspondence, “similar rights are also proclaimed in the International Covenant on Civil and Political Rights (Article 17) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 8). Also Article 30 of the Constitution of Ukraine guarantees the inviolability of housing by prohibiting the penetration of housing or other possession of a person, conducting a review or search in them otherwise, as a motivated decision of the court. The legal practice of the pre-trial investigation bodies testifies that one of the most common means of gathering evidence is a search.
Authors and Affiliations
В. П. Кушпіт
Keywords
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