Міжнародне співробітництво у сфері негласних розслідувань

Abstract

The purpose of the study is to classify and disclose the content of forms of international cooperation in the field of covert investigations, as well as to develop ways to improve the legal regulation of such forms and the practice of their application. Methodology. Methodological tools are selected taking into account the purpose, specifics of the object and subject of research. It is based on a general dialectical method of scientific knowledge of real phenomena, as well as their connections with the practical activities of operational units and pre-trial investigation bodies. These methods were comprehensively used in the systematic processing of: statistical materials on the state of crime and the results of the investigative bodies of Ukraine and Interpol; international treaties and national legislation of a number of states; materials for the practical implementation of these agreements; the results of research on combating international crime; provisions of scientific works on the use by law enforcement agencies of different countries of covert methods of obtaining information necessary to combat crime; materials of operative-search cases and criminal proceedings, during the investigation of which measures of international cooperation and measures of secret receipt of information were applied. Scientific novelty. According to the results of the study, proposals were made to increase the effectiveness of the practice of international cooperation in the field of covert investigations (criminal intelligence, operational and investigative activities). Based on the proposed author's approach to the classification of forms of international cooperation in the field of covert investigations, the directions of improving international law and harmonization of national laws of different countries in terms of using covert methods to obtain information necessary to combat international crime. Conclusions. Forms of international cooperation in the field of covert investigations (criminal intelligence, operational and investigative activities) include: 1) exchange between states of information necessary for covert investigations and information obtained in the course of such investigations; 2) exchange on mutually beneficial terms of special equipment, objects and substances necessary for use in the process of covert investigation; 3) involvement of foreign specialists for their participation in covert investigations or in some covert investigative actions; 4) conducting certain covert investigative actions (covert police operations, intelligence activities in a criminal environment) at the request of another country; 5) conducting a set of covert investigative actions (covert police operations, intelligence activities in a criminal environment) at the request of another state (within one case); 6) conducting joint cross-border covert police operations (covert investigative actions) by law enforcement agencies of two or more countries; 7) conducting a covert investigation (criminal intelligence, operational and investigative activities) at the request of law enforcement agencies of another state; 8) simultaneous conduct of a covert investigation in a particular case in the territories of two or more states by their law enforcement agencies in cooperation. These forms differ in their complexity. Simpler ones may be included in the content of more complex ones. The wider the range of forms used and the more complex they are, the more effective the fight against international crime will be. Keywords: crime; covert investigations; investigative actions; operational and investigative measures; crime investigation; international cooperation; police.