PROSECUTORIAL SUPERVISION OF OPERATIONAL (ACTION) THE SEARCH FOR INFORMATION ON OBTAINING ILLEGAL BENEFITS OFFICER
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 55, Issue 1
Abstract
In the article the urgency of the problem of prosecutorial supervision over the activities of the operating units to identify the fact of obtaining illegal benefits officer. The purpose of the article is to determine the desirability and feasibility of procuratorial oversight of documenting operational units obtain undue advantage by an official at the operational search. The complex analysis of certain provisions of the Law of Ukraine "On the Prosecutor's Office," "On operative-search activity", the order of the Prosecutor General of Ukraine from December 3 2012 number 4 / 1Gn "On organization of prosecutor's supervision over the observance of laws by bodies that conduct operative investigation and Regulations on the organization of operative-investigative cases and control the production of operational units of the internal affairs of Ukraine. It is shown that the conduct of the operative-search activity to expose obtain undue advantage by an official, there is an objective to places operative-search activity. This segment of the operative- search activity does not fall within the scope of the prosecutor's supervision, deprive the Attorney possible to verify the legitimacy of the operational units at the operational (action) research. The legalization and formalization of the activities of the operating units to the places operative-search activity in the form of doing things quick search (legally) deliver operational employees from having to resort to certain tricks to hide their work on the identification and prevention of criminal offenses, including obtaining undue advantage by an official, and avoid places operative-search activity (that their actions were not subject to the supervision prosecutor) by fixing only unfinished crime (preparation or attempted). The consequence of such legalization and formalization of the Prosecutor will be the opportunity to monitor the legality of the operating units of the operational search and the implementation of their obligations under Art. 7 of the Law of Ukraine "On operative-search activity" in terms of prevention, timely detection and suppression of crimes and expose the causes and conditions conducive to the commission of crimes, the implementation of crime prevention.
Authors and Affiliations
Maxim Кonik
Keywords
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