Separate procedural aspects of the search

Abstract

It is indicated that the tasks of criminal proceedings are to protect the person, society and the state from criminal offenses, to protect the rights, freedoms and legitimate interests of the participants in criminal proceedings, as well as to ensure a quick, complete and impartial pre-trial investigation and trial, so that everyone who has committed a criminal offense , was prosecuted to the extent of his guilt, no innocent person was charged or convicted, no person was subjected to unreasonable procedural coercion, and that due process of law was applied to each participant in the criminal proceedings.
 Accordingly, the article is devoted to the coverage of one of the most complex and strict investigative (search) actions in criminal proceedings, namely, the theoretical and practical issues of conducting a search and the role of participants in this procedural action during its conduct. The current legislation, which regulates the search, was analyzed, some changes and additions to the current Code of Criminal Procedure of Ukraine were proposed. The need for criminal procedural clarification of the circle of subjects who have the right to be present during the search was emphasized, it was noted that the application of the proper legal procedure will contribute to the protection of human rights and freedoms in criminal proceedings.
 Summing up, the article notes that during the search, the prosecution is empowered with broad powers provided for by the Criminal Procedure Code of Ukraine. Due to the fact that some procedural issues are not clearly regulated by the legislator, the person conducting the search uses procedural loopholes to his advantage. Precisely in order to specify the powers of the prosecuting party during the search, we propose to supplement Part 2 of Art. 235 of the CCP of Ukraine.