Secret investigative (detective) actions in war conditions: certain theoretical and practical aspects (part II)

Abstract

The relevance of the issue raised in the article lies in the presence of a special legal regime introduced in Ukraine in connection with the military aggression of the russian federation.The article pays attention to certain theoretical and practical aspects of obtaining permits for conducting secret investigative (detective) actions and using their results.The issue of using the results of secret investigative (detective) actions has always been, is and will be one of the main ones in the criminalprocess. This is explained by the fact that the scope of secret investigative (detective) actions extends to the constitutionally protected sphere of a person’s private life. In other words, secret investigative (detective) actions temporarily limit the rights and freedoms of citizens defined by the Constitution of Ukraine. That is why the legislator provides a number of safety mechanisms against abuses by law enforcement agencies when obtaining permission to conduct secret investigative (detective) actions, when conducting them and using their results. In addition, one of the indicators of Ukraine’s acquisition of the features of a modern democratic state is the normative definition of those social values that form the basis of society’s vital activities.Taking into account the fact that in the practical activity of law enforcement agencies when using secret investigative (detective) actions for the disclosure and investigation of criminal offenses, difficulties arise in the interpretation of certain norms of Chapter 21 of the Criminal Procedure Code of Ukraine in terms of interference in the sphere of a citizen’s private life, a judicial practice on this issue is cited.Taking into account the changes introduced by the legislator to Chapter 21 of the Criminal Procedure Code of Ukraine, the article examines problematic issues that may arise in the practical activities of investigators, inquirers, prosecutors.Court decisions regarding the admissibility of evidence when involving citizens in confidential cooperation and positions on this issue that outlined in them are analyzed.