REGARDING UNCERTAINTY OF THE LAW OF UKRAINE THAT REGULATE THE PRODUCTION OF COVERT INVESTIGATIVE (SEARCH) ACTIONS: ETHICAL LEGAL ASPECT
Journal Title: Правовий часопис Донбасу - Year 2016, Vol 57, Issue 3
Abstract
The difference between covert action from the usual investigative (search) actions, in that they are used only when information about the crime and the perpetrator cannot be obtained any other way. It is clear that the fight against crime in modern conditions, the provision of such capabilities to law enforcement agencies was essential, because the desire of Ukraine into the European legal space, require not only an effective apparatus for fighting crime, but bringing the methods of this struggle to the requirements of the relevant international legal acts on human rights. The problem is that the Institute of covert investigative (search) actions is not enough openness, and, in order, for example, the defense will get acquainted with materials of criminal proceedings, it is necessary to analyze all the laws and regulations that we have listed above. In addition, to examine the evidence produced by, for example, production in tracking the case, the defense (the suspect, the accused, and sometimes defender) is almost impossible. To solve this problem in only three ways, the first is a thorough legal audit of the above rules. The second method is a maximum increase in the level of morality of participants in criminal proceedings, which carry out this process. At the moment both methods are almost not feasible, because their implementation requires substantial fundamental reforms of the criminal process, in that the state has neither the time nor the money. Remains the third method, even the most effective and real, this is the maximum transparency of criminal proceedings with participation of the Institute of covert investigative (search) actions. The essence of this method lies in the fact that all those facts that served as the grounds, were the means and results of covert investigative (search) actions, were provided to the court.
Authors and Affiliations
Andriy Shulga
Keywords
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