Open AccessImportance of respecting individual’s rights and freedoms during a search in criminal investigation of offenses committed thorough fraud
Author(s) -
Natalia Pavlova
Publication year - 2021
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-1-285-291
Subject(s) - action (physics) , criminal procedure , political science , criminal justice , state (computer science) , economic justice , law , criminal investigation , psychology , computer science , physics , algorithm , quantum mechanics
Importance of respecting individual’s rights and freedoms during a search in criminal investigation of offenses committed thorough fraud that their restriction is allowed only in the presence of socially significant goals and to protect citizens and the state from criminal encroachment. The guiding provisions for consolidating the tasks of criminal justice, construction of its stages, separate proceedings, institutions are the principles defined by Article 7 of the CPC of Ukraine. They are the key to protecting the rights and freedoms of man and citizen, as well as regulating the activities of bodies conducting criminal proceedings. The article covers the regulations governing the rights and freedoms of persons searched. There are cases when, due to the need to perform the tasks of criminal proceedings, the rights and freedoms of the person are restricted. The main problem situations that arise during the search are identified. In particular, in practice, a number of issues arise related to the procedure for the return of such temporarily seized property. Decisions do not always specify a specific list of objects to be removed. There are some issues with the legal requirement to videotape the progress of the search and the results of the search without interruption. A search under the guise of an inspection is also recognized as a problem, which leads to further recognition of the results of the investigative action as inadmissible, and the rights of the person in whom such a search was conducted as violated. The procedure for admitting a lawyer to a search is not regulated by law. There are also many problems when conducting a search at the enterprise, institution and organization. Ways to solve problem situations are proposed, taking into account compliance with legal requirements.