Open AccessCURRENT REQUIREMENTS AND MODERN REALITIES OF CONDUCTING UNDERCOVER INVESTIGATION FORM (INVESTIGATIVE) ACTION BEFORE JUDGE RESOLUTION
Author(s) -
Ye.S. Hidenko,
D. V. Vodop’ian
Publication year - 2020
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/3919110
Subject(s) - legislature , law enforcement , dignity , action (physics) , political science , criminal justice , institution , law , enforcement , consolidation (business) , criminal law , criminal investigation , sociology , business , physics , accounting , quantum mechanics
The article explores the issues of conducting undercover investigation form (investigative) action prior to the decision of the investigating judge in the framework of the operative support of criminal proceedings. In fact, after the events of the 2014 Revolution of Dignity, law enforcement agencies underwent a dramatic change, which in turn led to the decline of the law enforcement system, them authority and professionalism. In law enforcement agencies lost the institution of “mentoring”, because this institution was destroyed after reform. These events have led to the consolidation of their positions by gangs and criminal organizations engaged in professional crime, because during the decline of power structures, they were able to get corrupt links, adjust ways and ways of realizing criminal intent. In order to solve this problem, the article considers in detail the issue of enabling operatives units to initiate undercover investigation form (investigative) action prior to the decision of the investigating judge within the framework of operative support of criminal proceedings. And the extension of the rights of employees of the operational units of the National Police of Ukraine during criminal proceedings. Legislative differences that are contrary to current practical requirements have been emphasized and discussed. Also, this article is devoted to the study of legislative restriction of activity of operational units of the National Police of Ukraine during criminal proceedings. The impact professional criminality on the units of the National Police of Ukraine carrying out operational-search activities and criminal prosecution has been investigated. The limitation of the rights of operational units during criminal proceedings was considered in detail and emphasized. Tactical and theoretical inconsistencies of conducting undercover investigation form (investigative) action before the decision of the investigating judge are considered. And possible ways of their decision based on modern practical requirements are considered. Based on the results of the scientific search, relevant conclusions were drawn and suggestions were made to address the issues discussed in the article.