Guarantees of observance of rights for personality are during realization of secret inquisitional (of criminal investigation) actions

Abstract

An institute of secret inquisitional (of criminal investigation) actions is relatively the new judicial legal phenomenon in practice of the home criminal rule-making. Use of his possibilities by an investigator, public prosecutor as gives the side of prosecution in the hands of organs of pre-trial investigation important and effective facilities of collection and verification of proofs in interests of complete and objective implementation of tasks of every criminal realization. Such secret activity of organs of criminal pursuit is known and with success used in many countries. At the same time, the secret of activity of official public organ and his employees during the assembly of proofs in relation to involvement of certain persons to committing crime creates the terms of illegal or excessive interference with the sphere of the personal rights and interests of participants of criminal realization. By them can be both persons that is suspected of involvement to committing crime and those, that participate in secret realization of judicial actions or by chance got into consideration of law enforcement authorities during implementation of tasks of separate inquisitional actions. The norms of the Criminal code of practice of Ukraine not only establish order realization of secret activity the organ of pre-trial investigation but also serve as the important guarantee of protection of constitutional rights for every personality. It touches the order of receipt of permission on realization of secret inquisitional actions, cases of interference with private communication, prohibitions of interference with the private intermingling of defender, clergyman with suspected, to the defendants, with convict justified, regardless of occasions and reasons of such interference, opening of materials of criminal realization to the side of defense after completion pre-trial investigation, prohibition the uses of the privately got materials, that does not relate to certain criminal realization. The not complete clearness of formulation of separate judicial norms can be corrected by their interpretation taking into account general principles of realization of criminal realization.