Use of special knowledge by operative subsidies under criminal proceedings: lack of legal regulation
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 3
Abstract
The purpose of the article is to identify the failings of the legal regulation of the use of special knowledge by the members of the operational units outside the criminal proceedings and the formation, taking into account foreign experience, proposals for their elimination. The scientific novelty consists on a comprehensive study of issues of improving the legal regulation of the use of special knowledge by operational units of domestic law enforcement bodies during their activities in identifying, terminating, preventing and disclosing offenses outside the criminal proceedings. The author analyzes the provisions of legal acts regulating the legal status of one or another law enforcement body (a state body of special purpose with law enforcement functions), as well as acts regulating the implementation of their operational divisions of certain types of operational activities (operational search, counterintelligence, etc.). The experience of legal regulation of the use of special knowledge in the activity of operational units of law enforcement bodies of countries mentally close to Ukraine is researched. Conclusions. Taking into account the revealed failings of the legal regulation, as well as the foreign experience of legislative regulation of these issues, it was proposed to introduce appropriate amendments to the laws of Ukraine «On counterintelligence activities» and «On Operational and Investigative Activity» in terms of supplementing the powers of units with the right to carry out operational search and counterintelligence activities, the provisions concerning their right to involve specialists with scientific, technical and other specialist knowledge during the execution of their tasks. In addition, it is proposed to implement a separate legal regulation of the rights and responsibilities of persons with special knowledge involved in operational activities.
Authors and Affiliations
Valerii A. Fastovets
Keywords
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- EP ID EP589074
- DOI 10.32886/instzak.2019.03.06
- Views 48
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