Open AccessPROBLEMS OF THE LEGAL REGULATION OF SPECIAL KNOWLEDGE USE OPERATIVE UNITS OF SECURITY SERVICE OF UKRAINE
Author(s) -
V. A. Fastovets
Publication year - 2017
Publication title -
teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki
Language(s) - English
Resource type - Journals
eISSN - 2708-5171
pISSN - 1993-0917
DOI - 10.32353/khrife.2017.08
Subject(s) - normative , principle of legality , legislation , political science , enforcement , law , sociology of scientific knowledge , the republic , law enforcement , sociology , social science , epistemology , philosophy
The problematic issues of using scientific, technical, natural and other special knowledge in criminal proceedings for the purpose of revealing, disclosure and investigation of crimes for a long time were always paid with considerable attention as from practical employees, and scientific workers. The actuality of this thematic range is conditioned by constant technical progress, updating ofa technical number ofscientific, criminalistic and other means which are used during revealing, formalizing and seizure of crime traces, by appearance of new types of expert researches, change of special knowledge forms use in criminal legal proceedings and by many other factors. There was pointed out to the lacks ofa legal regulation in the applicable legislation regarding participation of knowledgeable persons in operative-search activity. According to the results of the analysis performed, the author ascertains the absence of such regulation at the level of normative-legal acts defining legal bases for the separate law enforcement bodies activity (except for the National anticorruption bureau of Ukraine), and the normative-legal acts regulating separate kinds of activity of their operative units. In its turn, the similar state of matters can call into question legality of use of the received results ofsuch activity as proofs in the criminal proceedings. The research of scientific works ofprocessionalists established the absence of the uniform approach to the decision of the specified problematic questions. The paper also studies the level of legal regulation of special knowledge use for achievement of the operative activity goals in the post-Soviet territory countries, in particular, in Republic of Kazakhstan, Republic of Turkmenistan, Republic of Belarus, the Kyrghyz Republic and some other, and there is drawn a conclusion about the presence of the corresponding norms in the legislation of these countries. Taking into account stated, the author proves necessity of formalizing similar provisions in the corresponding normative-legal acts of Ukraine.