Peculiarities of secret investigative (detective) actions during the pre-trial investigation of criminal misdemeanors

Abstract

The purpose of the article is to highlight the theoretical and practical issues regarding the specifics of secret investigative (search) actions during the pre-trial investigation of criminal misdemeanors. Taking into account the purpose goal, the following tasks are to be solved: firstly, to identify and characterize the legal basis for conducting secret investigative (research) actions during the pre-trial investigation of criminal misdemeanors; secondly, to outline the problematic aspects of conducting secret investigative (research) actions during the pre-trial investigation of criminal misdemeanors; thirdly, to formulate the author’s vision for the elimination of identified legislative inaccuracies and contradictions. On the basis of the current legislation and scientific literature, the peculiarities of conducting undercover investigative (research) actions during the investigation of criminal misdemeanors have been investigated.

The need to conduct a study related to the analysis of the peculiarities of secret investigative (search) actions during the investigation of criminal offenses is due to the fact that the tasks of criminal proceedings are manifested both in the protection of the rights and freedoms of the person, and in bringing the guilty to criminal responsibility. The latter is achieved by collecting evidence during the investigation of criminal misdemeanors, one of the ways of which is to conduct covert investigative (search) actions, which have their own peculiarities. This primarily concerns the limitation of the scope of undercover investigative (search) actions during the investigation of criminal misdemeanors.In this regard, the specifics of conducting undercover investigative (search) actions during the investigation of criminal misdemeanors have been highlighted and characterized. It has been determined that the specifics of conducting the secret investigative (search) actions during the inquiry are devoted to Art. 300 of the Criminal Procedure Code of Ukraine, the norm of which is both blanket and forceful at the same time: “For the pre-trial investigation of criminal offenses, it is allowed to carry out … covert investigative (search) actions, provided for in Part 2 of Art. 264 and Art. 268 of this Code …”.

According to the results of the research, the problematic normative aspects regarding the conduct of secret investigative (search) actions during the investigation of criminal offenses have been identified and ways of their elimination have been proposed.