Some features of the participation of operational units of the National Police of Ukraine in the organization and conduct of covert (investigative) search operations during martial law

Abstract

One of the most effective methods of obtaining evidence during the investigation of a criminal offense is the use of covert investigative (search) actions. Operational units play a significant role in the detection of such crimes, actively participating in criminal proceedings to obtain evidence by conducting appropriate undercover investigative (search) actions. However, the results of the analysis of judicial practice show that in modern conditions, a number of problematic aspects arise during the conduct of undercover investigative (search) actions. These issues have a negative impact on the effectiveness of providing evidence in criminal proceedings. In the places of active hostilities, the preparation and conduct of emergency response, as well as their subsequent fixation, has its own specifics and features. Changing conditions require rapid adaptation to new technologies and work methods, including the use of modern means of observation, analysis and communication. In this article, we considered the specifics of conducting covert investigative (research) actions during the investigation of criminal offenses under martial law. The opinions of scientists regarding the categories that determine the specifics of using and carrying out such actions in these conditions were studied, as well as the analysis of legislative acts regulating the powers of operational units was carried out. In particular, Article 5 of the Law of Ukraine "On operational and investigative activity” defines the subjects of this activity, which include operational units of the National Police. The need for proper planning and conducting covert investigative (research) actions by operative units for the successful disclosure of criminal offenses is argued. The specifics of carrying out individual NS(R)D in these conditions are highlighted and corresponding author's conclusions are made.