ПРОБЛЕМНІ ПИТАННЯ ВИКОРИСТАННЯ РЕЗУЛЬТАТІВ НЕГЛАСНИХ СЛІДЧИХ (РОЗШУКОВИХ) ДІЙ..., ЩО ПОВ’ЯЗАНІ З ВТРУЧАННЯМ У ПРИВАТНЕ СПІЛКУВАННЯ, В КРИМІНАЛЬНОМУ СУДОЧИНСТВІ

Abstract

Grounds, order and limits of interventional from the authorized public organs, in private life of citizens were always examined as one of scientific issues of the day, the decision of that has an extraordinarily important value for law enforcement activities. The use of covert methods of gathering information necessary for criminal proceedings is a well-established practice of both domestic and foreign law enforcement agencies. Gradual democratic development of civil society, the recognition of the inalienability and inviolability of human rights and freedoms, the realization that they belong to the man by nature and the reflection of this fact in the public consciousness created the preconditions for the state, its bodies and officials to temporarily restricts rights and human freedoms are strictly regulated, and the use of the results of interference with private communication in criminal proceedings is properly monitored. However, in some cases the use of such results is complicated, which requires the study of this problem and the search for possible solutions. The main purpose of the article is to highlight the problematic issues of using the results of interference in private communication in criminal proceedings and search, based on the theoretical achievements of scientists who conducted scientific research in this area, ways to solve them. The study found that compared to the total number of covert investigative (search) actions, only a relatively low number of results of interference in private communication are used as evidence in criminal proceedings. Among the main reasons for this are the shortcomings of fixing the progress and results of covert investigative (search) actions, violation of the procedural deadlines for their transfer to the prosecutor and the imperfect procedure for declassification material media. Due to the selection of typical violations that are allowed during covert investigative (search) actions that related to interference in private communications and some shortcomings of the legal regulation of this issue, ways to eliminate them have been proposed. In particular, it is proposed to make appropriate changes and additions to part 1 of Art. 246, part 3 of Art. 252 of the CPC of Ukraine and the interdepartmental Instruction about the organization of covert investigative (search) actions and the use of their results in criminal proceeding of November 16, 2012 № 114/1042/516/1199/936/1681/51.