ТИМЧАСОВИЙ ДОСТУП ДО РЕЧЕЙ І ДОКУМЕНТІВ ЯК ОДНА З ОСНОВНИХ ПРОЦЕСУАЛЬНИХ ДІЙ, СПРЯМОВАНИХ НА РОЗКРИТТЯ ЕКОНОМІЧНИХ ЗЛОЧИНІВ: ОСОБЛИВОСТІ ПРОВЕДЕННЯ ТА ВЗАЄМОДІЇ З ОПЕРАТИВНИМИ ПІДРОЗДІЛАМИ

Abstract

Economic crime in its consequences is complex as any crime it is negative phenomenon that threatens the state and society as a whole. That is why the provision of mechanisms for the prevention and combating of the corresponding category of crimes, is a priority of modern scientific community.

Economic crimes are always important for scientific research, thus on a given subject there are a significant number of scientific developments such as A. M. Bandurka, M. N. Zatserklyanyy, R. S. Veprytskyi, R. G. Riaboshapka, O. S. Khmara, A. V. Kukharuk, M. I. Havronyuk, O. V. Kalitenko, A. V. Voloshina, T. V. Melnychuk, A. O. Shyshkin and others.

The aim of the article is to define the peculiarities of the temporary access to the things and documents in aspect of activities aimed at disclosing economic crimes.

Referring to the provisions governing the procedure for appropriate proceedings, the authors claim that the tactical side of the fight against economic crime provisions of the criminal procedural act has very controversial nature.

Analyzing the relevant provisions of the criminal procedural act, we can conclude that the direct subject of initiating appropriate proceedings is only the prosecutor; investigator is obliged to agree before the application for temporary access to things and documents from the prosecutor. However, the authors raise the question: whether legislator entered tactically right (in particular by the effectiveness of the investigation of crimes in the economic sphere) securing institute of agreement with the prosecutor, and whether the public prosecutor’s office trusted its powers, given the fact that the legislature has given the prosecutor significant licensing authority to the pre-trial inquiry?

In the article statistics on corruption in the office of a public prosecutor, in the authors’ opinion gives reason to believe that the procedure provides for the provisions of part 1 Art. 160 of the Criminal Procedural Code of Ukraine, contrary to the principle of tactical unexpectedness, that acts as one of the main ideas, providing reception of evidence in the context of proceeding (investigative search) action to investigate crimes in the economic sphere.

The authors consider it appropriate to exclude from Art. 160 of the Criminal Procedural Code of Ukraine which provide for the assent of the public prosecutor to submit to the investigating judge an application for temporary access to the things and documents on the initiative of the investigator and to put the provisions of Art. 160 of the Criminal Procedural Code of Ukraine as follows: “Parties to criminal proceedings have the right to appeal to the investigating judge in pre-trial investigation or the court during the proceedings of the application for temporary access to things and documents, except as provided in Article 161 of the Code”.