The article reveals scientific approaches to understanding the essence of covert investigative (detective) actions as separate and special means of activity of the investigator, detective, and prosecutor to collect evidence during the pre-trial investigation. It is pointed out that a significant number of such secret procedural actions are associated with the invasion of the sphere of personal interests of a person and allow the possibility of temporary restriction of basic human rights established by the Constitution. Today, scientists do not pay enough attention to the observance of such rights when using in evidence the secretly obtained results of the activity of the pre-trial investigation body. Attention is drawn to the fact that temporary restrictions of a person’s rights in criminal proceedings are considered exceptional measures and are allowed only under conditions, if they are determined by the public interest and the interest of the disclosure and investigation of the crime, and their extent and duration, established with the permission of the investigating judge, must correspond to the achievement of legal goals. Limitations of constitutional rights should be aimed at establishing a reasonable compromise between public necessity and personal interests of a person. In order to realize the legal rights of a person in criminal proceedings, it is necessary to develop an appropriate effective socio-legal mechanism, and in criminal proceedings, a procedural mechanism. The use of the results of secret procedural actions by investigators, detectives, prosecutors, and courts has certain features, but must be subject to the general principles of criminal proceedings, pre-trial investigation and trial of criminal cases. Features caused by the secrecy of procedural actions cannot violate the basic requirements of criminal justice and must have clearly defined formulations in the law. Such results can be used not only to collect or verify evidence, but also with a tactical purpose to organize and ensure the process of evidence in criminal proceedings. Taking into account the rights, freedoms or interests of a person should be attributed to the situation of conducting an investigative action and using the obtained results, regardless of the procedural status obtained by the persons. It was concluded that the realization of the rights by each participant of the informal procedural activity consists in the real use of the benefit provided by this right and provides an opportunity to transform its legally established guarantees into actual behavior to satisfy and protect certain personal needs and interests.
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