Public prosecutions in operational activities: feasibility problem
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 1, Issue 1
Abstract
Because during the search operations are largely limited to the legitimate interests and rights of citizens, such as the right to privacy of correspondence , telephone conversations, freedom of movement, privacy , etc; it is important that actions of conducting operational-search activities do not go beyond legality is necessary in the supervision and control of the conduct of such activities.The objective of this work is the analysis of the supervisory functions of the Prosecutor's Office of Ukraine. The following topics are relevant as of the years of the Ukrainian independent state (1990) and today, because there are significant scientific achievements: T.E. Mironenko, V.V Pashkovskyi ,O.P. Kuchynska, V.V. Nazarov, S.M. Piskun, A.O. Shishkin, V.V. Vintsuk et al. In carrying out search operations are not allowed violation of constitutional rights and civil liberties .Some restrictions of these freedoms are an exceptional and temporary nature and may apply only by the court to the person in the actions which are signs of a serious or especially serious crime, and in the cases stipulated by the legislation of Ukraine, to protect the rights and freedoms of others, public safety. Proceedings of operational activities is always associated with the requirements of secrecy because her involvement in other subjects, though representatives of the authorized state bodies, usually not conducive to speed decision-making, confidentiality of information obtained as a result of its conduct, that is to some extent hindered its implementation. In this case there is a problem: how should correlate independent units that carry out operational-search measures and clearly defined boundaries and legal grounds prosecutor impact on their organizational component. It is a mistake to say that there are justifiable feelings about unreasonably wide range of office of the prosecutor of overseeing the observance of laws by bodies that conduct detective and search activity, as the strict conditions of supervision accurately determine the rights and freedoms of man and citizen, as is necessary to consider the state combating corruption in recent years is unsatisfactory.
Authors and Affiliations
Viktotiya Vintsuk, Tetyana Strelnik
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