INVALIDITY OF INVALID (INVIATIVE) AND UNRESPECTIVE INVESTIGATIVE ACTION
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 63, Issue 2
Abstract
The article considers the problem of the urgency of conducting investigative (search) and secret investigative (search) actions. Attention is focused on the concept of «urgency» in the general sense and in the criminal procedural aspect. The issue of generalization of grounds for urgency in the criminal procedural legislation of Ukraine is discussed. There is a need to define not only the concept of the urgency of conducting investigative (investigative) actions, the decision-making mechanism on the urgency of conducting investigative (investigative) and secret investigative (investigative) actions, but also in summarizing all those actual and legal signs that indicate the urgency of their conduct . We will not consider certain mechanisms. It is necessary to conduct a more detailed and qualified study. For the purpose of generalization, we will consider only the main signs of urgency. Namely, the concept of the urgency of investigative (investigative) actions, which are indicated above, give grounds to determine common signs of the urgency of conducting investigative (search) and secret investigative (search) actions. The above, gives grounds to determine the general signs of the urgency of conducting investigative (search) and secret investigative (search) actions. Those, according to the current criminal procedural legislation are signs that indicate an extreme need: to prevent the loss of traces of a criminal offense or escape of a suspect; save lives and property; directly prosecute persons suspected of committing a crime; prevent the commission of a grave or especially serious crime. It is the generalization in one, separate norm of the criminal procedural legislation of the concept and signs of urgency, which will create more convenient conditions for decision-making regarding the urgency of investigative (investigative) and tacit (investigative) investigative actions for practical employees in the field of criminal proceedings.
Authors and Affiliations
Andrey Shulga
Keywords
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