PROBLEMS OF THE LEGISLATIVE PROVISION FOR THE IMPLEMENTATION OF NON-CASUAL SUCCESSFUL (EXECUTIVE) ACTIONS IN UKRAINE
Journal Title: Правовий часопис Донбасу - Year 2014, Vol 51, Issue 4
Abstract
This aricle describes the legal and regulatory ensuring of the implementation of the covert investigatory (search) actions and its correspondence to the current requirements. The covert investigations of crimes under the national criminal proceedings are stipulated according to the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters. That means that covert investigative (search) actions meet the international standards. The objective of this article is to determine the peculiarities of the application of the legal and regulatory ensuring of the implementation of the security and lighting ways and suggestions for its improvement. Despite the rather short period of time since the new Criminal Procedure Code of Ukraine entered into force, a number of publications of researchers and practicians are dedicated to the study of the question of conducting of the covert investigative (search) actions and among them are V.D. Bernaz, R.I Blahuta, V.A. Kolesnik, M.A. Pohoretskyy, D.B. Sergeev, E.D. Skulish, O.Y. Tatarov, V.I. Farynyk. But there are some issues regarding the legal and regulatory ensuring of the implementation of the covert investigatory (search) actions that require clarification and new scientific elaboration, taking into account the practical experience. To determine the legal and regulatory ensuring of the implementation of the covert investigatory (search) actions we suggest to codify legal acts that ensure their implementation. The article offers a three-tiered distribution of the regulatory legal acts to ensure the implementation of the covert investigatory (search) actions, which consists of the Basic Law, subordinate legislation and departmental legal acts. Wherein the third level of the legal and regulatory ensuring of the implementation of the rights and freedoms of the citizens during the operational and technical measures should be divided into overt and covert departmental legal acts.
Authors and Affiliations
Viktor Lavsky
Keywords
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