The covert investigative (detective) actions: the problems of legal certainly and efficiency
Journal Title: Правова позиція - Year 2016, Vol 2, Issue
Abstract
In article analyses the problems of secret investigation institute (search) of action provided for in the new Code of criminal procedure, the use of their results in evidence. Unspoken investigative actions, is the kind of investigative actions, information about the fact and methods of holding of which is not subject to disclosure/Institute investigator action creates a model activity investigator regarding the collection, research, check the evidence. The analysis outlined in the law system of the undercover investigative actions shows a number of significant shortcomings. The issue of regulation of undercover investigators (search) actions, it is a problem of formation as a system of guarantees of disclosure offence and obtaining credible evidence in their proceedings and guarantees a reliable protection of the rights and freedoms in their application. Here is a competition of private and public interests, which should be dealt with through the prism of the principle of proportionality. Regarding such cognitive activities as special investigator experiment “and” mimic the environment of the crime, then they do not have all necessary individual attributes for assigning them to individual investigators: special subject research, methods, forms, tools documentation. To a certain event was suitable for use in the criminal procedural proof, it should be effective in informative sense, have your object and a particular method of research, be clear, accessible for perception and transparent, comply with the principle of proportionality.
Authors and Affiliations
В. Г. Уваров
Keywords
Related Articles
- EP ID EP446174
- DOI -
- Views 69
- Downloads 0
Questionnaire for the application of special measures to provide proceedings in administrative defense cases in the field of safety of road traffic
The article deals with the problematic issues of application of measures for ensuring the conduct of cases in administrative traffic offenses in the field of road safety, such as temporary withdrawal of a driver's licens...
Notions of the legal responsibility of European public servants: topical issues of law enforcement
The author analyzes whether there is a balanced system of the legal principles of the liability of the public officials in the domestic legislation of Ukraine which can be used as the basis for further statute regulation...
The principle of the rule of law in the system of principles of administrative and legal support integrity judges
The article is devoted to the analysis of the essence of the principle of the rule of law and its significance for the system of principles of administrative and legal support for the integrity of judges. The author note...
Logical nature of indirect evidence in criminal process
The article is devoted to the study of the logical nature of indirect evidence in criminal process. The assertion that the indirect evidence logical understanding does not coincide with the indirect evidence concept cont...
The implementaton of the right to cassation appeal in the administrative process of Ukraine
In the article, the author characterizes such a stage of administrative legal proceedings as a cassation consideration of an administrative claim. The theoretical basis of the article is the works devoted to the developm...