Правова природа обмеження конституційних прав громадян при проведенні НСРД, пов’язаних із використанням технічних засобів

Abstract

The article considers the legal nature of the restriction of the constitutional rights of citizens when conducting covert investigative (search) actions related to the use of technical means. Considering the privacy of citizens as a legal phenomenon and a legal category, the author highlights some aspects of judicial control over the implementation of the covert investigative (search) actions, which are related to the use of technical means and involve interference in the private sphere. The author expresses and substantiates the thesis that the main purpose of judicial control in carrying out covert investigative (search) actions related to the use of technical means is to ensure the legality of these activities, compliance and protection of the rights and legitimate interests of citizens, society and the state. The objects of judicial control are, first of all, covert investigative (search) actions, which provide for interference in private communication, because they affect the private sphere of people's lives and therefore require judicial control. Legal and reasonable restriction of the constitutional rights of the citizen at carrying out covert investigative (search) actions connected with use of technical means is reached thanks to strict observance of the established order of their application. The peculiarity of judicial control over the legality of restricting the constitutional rights of citizens in conducting covert investigative (search) actions related to the use of technical means, according to the author, lies in the mechanism of legal regulation, which combines a special subject composition, as well as homogeneous social relations in the field of judicial control restriction of the rights and freedoms of citizens during criminal proceedings (ie both during the organization, preparation for, and during the direct conduct of these actions). It is proved that the procedural order (or mechanism), on the one hand, contributes to the effectiveness and efficiency of criminal proceedings, on the other hand, maximizes respect for the rights, freedoms and interests of the defendants, protecting them from excessive, unacceptable coercion.