АНАЛІТИЧНИЙ ВИСНОВОК У ОПЕРАТИВНО-РОЗШУКОВІЙ ДІЯЛЬНОСТІ ТА КРИМІНАЛЬНОМУ ПРОЦЕСІ

Abstract

In the article was researched specific problems of using results of the analytical work during operational-search actions and also in criminal process, the solution of which is possible only by making changes to the current legislations that regulates mentioned spheres. The goal of the article is to create and propose some recommendations, changes and additions to legislation acts with improvement and using of analytical conclusion in operational-search activity and criminal process. The result of the analytical work is a conclusion and recommendations, that are created in digital or written form with obligatory mention of used analytical instruments, databases, resolutions of investigative judge, appeal court judge, prosecutor’s or investigator’s permission if investigated information is gained as the result of operational-search measures, investigative (search) and other processual actions. As the result of the research was formulated and proved that analytical conclusion could be used like other materials could be used: as a cause to start pretrial investigation of criminal offences; as evidence in criminal proceedings; as prophylactic, detection, investigation of criminal offences; as a cause to decision-making about implementing of operational-search measures, investigative (search) and other processual actions; to mutual inform of units that are implementing operational-search measures and other legislative units; to inform governmental bodies according to their competence; to inform international legislative bodies, foreign states according to the programs of international cooperation. Was proved that besides protocols about implementing of operational-search measures, investigative (search) and results of covert cooperation should be considered as evidence in criminal proceedings.