ANALYSIS OF POWERS OF OPERATIONAL AND INVESTIGATIVE UNITS OF THE STATE BORDER GUARD SERVICE OF UKRAINE
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
Operational and investigative activities are an important part in accomplishing the tasks of the State Border Guard Service of Ukraine, which demonstrate high performance. The emergence of new types of threats in the border area substantiated the need for improvement and strengthening of operational and investigative activities by expanding the powers of operational and investigative units. The main purpose of these units is to carry out operational, service and investigative activities in the interests of protecting the state border of Ukraine and other measures to ensure the integrity of the state border and to protect the sovereign rights of Ukraine in its exclusive (maritime) economic zone within the tasks entrusted to the State Border Guard Service of Ukraine by the state. The legal limits of the activities of the operational and investigative units, like of any other state body, in accordance with part 2 of Article 19 of the Constitution of Ukraine are limited by law, and are revealed through a set of rights and responsibilities. Based on the analysis of the Law of Ukraine “On the State Border Guard Service of Ukraine”, two groups of powers are emphasized concerning the activities of operational and investigative units: those which directly indicate the main type of activities – carrying out operational and investigative activities and powers which specify, promote, provide and enable to implement operational and investigative activities. The powers of operational and investigative units are also enshrined in Article 7 of the Law of Ukraine “On Operational and Investigative Activities” and Article 41 of the Criminal Procedural Code of Ukraine. Based on the analysis of these articles, it is determined that the operational and investigative units have the powers which are implemented by them independently under the direction of the unit commander (within the framework of executing tasks on the state border protection), and in the part of carrying out investigative (search) activities and secret investigative (search) activities in criminal proceedings by the written order of an investigator or a prosecutor. In order to increase the fight against crime and terrorism in Ukraine, there was an urgent need to expand the powers of the operational and investigative units of the State Border Guard Service of Ukraine for obtaining the functions of pre-trial investigation according to certain articles of the Criminal Code of Ukraine. The powers assigned to the operational and investigative units in the researched legislative acts contain many controversial provisions, which require further amendments and improvement. But this goes beyond the scope of this study and can be performed in further scientific studies. It is generalized that the main powers of operational and investigative units are determined through a set of rights and responsibilities. The main powers are enshrined in the laws of Ukraine “On the State Border Guard Service of Ukraine”, “On Operational and Investigative Activities”, the Criminal Procedural Code of Ukraine, and the additional powers are in other regulatory legal acts, including departmental ones. The proper implementation of the powers of the operational and investigative units results in the high level of border security.
Authors and Affiliations
В. О. Білецький
Keywords
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