Covert procedural means of investigator`s cognitive activity

Abstract

The article deals with the problematic issues of regulatory framework for covert procedural means of investigator’s cognitive activity. It is emphasized that operative-search activities and covert investigative (search) actions have the same cognitive focus, but are regulated by different legislative acts. Covert investigative (search) actions are regulated in more detail than operational search activities which are carried out in accordance with the Criminal Procedure Code of Ukraine. It was determined that, despite the identity of covert means of knowledge, there is an epistemological contradiction, when the investigator cannot conduct covert investigative (search) actions, which are analogs of operational investigative measures, which can be implemented before entering the relevant information into the Unified Register of Pretrial Investigations, before the start of the pre-trial investigation. In addition, there are often cases when the investigator does not conduct covert investigative (search) actions on his/ her own, citing a heavy workload, which reduces the effectiveness of cognitive actions in the process of detection and investigation of criminal offenses. Other problematic aspects that exist within the provisions of the current operational and investigative legislation, as opposed to the criminal procedure law, are also noted. The greatest threat of imperfect regulatory regulation is the difficulty of further use of the materials of operational and investigative activities in the course of procedural proof. Therefore, it is considered a rational decision to provide for the possibility of covert investigative (search) actions by investigators before entering information into the Unified Register of Pretrial Investigations. According to the results of the study, it is noted that for the effective fulfillment of the tasks of criminal proceedings, as well as for the proper observance of human rights, freedoms and legitimate interests, the provisions of the criminal procedure law seem to be more favorable in terms of regulating the covert means of investigator’s cognitive activity.