THE CONCEPT, CONTENT AND LEGAL BASIS OF VISUAL OBSERVATION

Abstract

The purpose of the article is to summarize and analyze the main provisions of the legal framework, the essence and content of visual surveillance, carried out by operational units as a covert operative – search, counterintelligence and reconnaissance covert action and covert investigative (search) action. The evolution of the development, formation and interpretation of the Constitutional Principles of visual observation carried out by operational, counterintelligence and intelligence units in order to counter the intelligence and subversive activities of special services of foreign states and organizations to stop offenses (which are prepared and committed by some persons, that concerns serious and especially serious crimes) and in the interests of criminal justice, as well as obtaining information in the interests of security of citizens, society and the state. The methodological principles of the essence of interpretation of observation and visual observation, their ratio, methodology of application and difference of application of both covert operative – search measure, and covert investigative (search) action during criminal proceedings are considered. The common features and differences of legal regulation of the order of use of results of covert operatively – search, counterintelligence and reconnaissance covert action and covert investigative (search) action carried out during criminal proceedings are analyzed. The scientific novelty of the article is that the concepts contained in the new legal regulations are analyzed, the legal limits of their application are given and the scientific analysis of the limits of application and use of the results of visual observation in operational – search, counterintelligence and intelligence activities are shown. The analysis concerns the actions of the listed subjects both in the implementation of covert measures carried out during the operational – search and counterintelligence measures, and during the criminal proceedings, with use of covert investigative (search) activities. Conclusions. Thus, visual observation is carried out during the covert documentation of the facts of illegal activities of persons who prepare and commit serious and especially serious crimes.