SOME ASPECTS OF CRIMINAL INVESTIGATION OF PHONOGRAPHS FOR SPEAKER IDENTIFICATION

Abstract

The article analyzes the legislation of the leading countries regarding the general provisions (goals, principles, tasks and functions) of the organization and activities of counter-intelligence bodies. Purpose. The purpose of the work is to identify features in the legal definition of intelligence in the activities of state security bodies. The task is to analyze legislative acts and organizational preconditions that prompted legislators to define the intelligence function by legal norms precisely in this sense and in the forms that are currently in force in the current legislation. Methods. As the main method of research, the author relied on legal comparatism or comparative law, which is reasonably considered in democratic countries of the world as one of the main contemporary areas of studying legal issues and which has great potential for knowledge of the laws in the legal regulation of the activities of intelligence and counterintelligence agencies. Results. The results of the study show that in the legislation of many countries, the goals, principles, tasks and functions in the activity of state security bodies are clearly viewed in the framework of the legal requirements, in addition to other intelligence functions. Compared to the countries of the post-Soviet space, the Ukrainian legislator, in theory, in principle provided the domestic counterintelligence the opportunity, among other things, to perform, in addition to other intelligence functions, theoretically in terms of its objectives and principles, but not in terms of tasks and functions. Moreover, the legislation on the activities of intelligence agencies stipulates a direct prohibition on the pursuit of intelligence activities in order to obtain information in areas related to national security and defense, other state authorities, enterprises, institutions and organizations, regardless of ownership, as well as physical persons Thus, Ukrainian state security bodies, under the current legislation, are deprived of their intelligence functions. Conclusions. It is concluded that Ukrainian state security bodies may, apart from other functions, as defined by the current legislation, perform intelligence functions. But before defining this function as a legal provision, further scientific research on the definition of the circle of intelligence and counterintelligence actors, the distribution of rights and responsibilities between them, as well as the scope of the use of existing special forces and means to ensure the national security.