Додержання вимог режиму секретності при організації та здійсненні негласних (слідчих) розшукових дій

Abstract

The purpose of the article is to highlight the problematic issues of compliance with the operational and investigative units, as well as prosecutors in the organization and implementation of covert investigative (investigative) actions in criminal proceedings and finding solutions, especially at the legislative level. Scientific novelty. The Criminal Procedure Code of Ukraine in terms of ensuring secrecy in the implementation of covert investigative (search) actions and the use of their results in evidence, the Law of Ukraine «On state secrets», bylaws, which determine the organization of secrecy in the implementation of covert measures in law enforcement activities. The shortcomings in the legal regulation of the secrecy regime in the procedural activities of law enforcement agencies are identified, recommendations for their elimination are provided with specific proposals for making the necessary changes and additions to the current laws of Ukraine and bylaws. Conclusions. Criminal procedural legislation of Ukraine in terms of regulation of compliance with the requirements of secrecy in making procedural decisions on covert investigative (investigative) actions, their direct conduct, registration and practical use in criminal proceedings, the results remain insufficiently defined, requires careful analysis and improvement. The Criminal Procedure Code of Ukraine, the Law of Ukraine «On state secrets», and the Code of Information Constituting a State Secret require urgent changes. The authors propose to make a number of changes to these and some other laws and regulations that will eliminate the existing contradictions and promote compliance with the secrecy regime, make it impossible to declare evidence inadmissible due to violations of procedural rules.