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 52
- Downloads 0
Standards as a part of the system of sources of environmental law of Ukraine
The article describes several definitions of the environmental standards. Special attention is paid to consideration of features of environmental standards as part of sys tem of sources of ecological law. In particular,...
Imperious subjects of detection and investigation of smuggling in Ukraine and the leading EU countries: comparative analysis of competence
The article outlines some theoretical and practical problems of improving the organization and legal regulation of the activities of government entities for the disclosure and investigation of smuggling and proposes ways...
Organizational and structural characteristics of bodies of public administration in the field of education
The article deals with the system-functional analysis of public administration bodies in the field of education. The legislation that determines the system and powers of public administration bodies in the field of educa...
The notion and order of restoration of lost court proceedings in economic court trials
Scientific paper entitled “The notion and order of restoration of lost court proceedings in economic court trials” is dedicated to the topic that has become urgent since the start of the anti-terroristic operation in Ukr...
State registration of normative regulations: models of dualism
The article is devoted to highlighting problems existing in the sphere of state registration of normative legal acts. The available duality models registration of normative legal acts are revealed in Ukraine. The questio...