INTERNATIONAL EXPERIENCE AND NATIONAL LEGAL REGULATION OF SECURITY SYSTEM ACTORS’ TACIT INVESTIGATION (INVESTIGATIVE) ACTIONS

Abstract

It is Proved that the concept and content of security of subjects of the system of secret investigative (investigative) actions is in the legal plane of legal regulation and organizational support of this activity. In theory, the problem of the implementation of subjective rights and legal obligations of the participants of the system of secret investigative (investigative) actions is extremely complex, which requires systematic research. This question arose simultaneously with the beginning of the process of recognition of their own by nature secret investigators (search) legal relations. We believe that in the process of pre-trial investigation legal relations are at the opening of criminal proceedings, during the investigation of certain legally defined activities, the use of confidential cooperation, obtaining evidence, departmental control, procedural guidance. According to the provisions of Article 52-1 of the code of criminal procedure, persons participating in criminal proceedings have the right to security in the event of a real threat to their life, health, housing or property. The right to security in the presence of appropriate grounds have: the person who has declared a crime to the law enforcement Agency or otherwise participated in the detection, prevention, suppression and disclosure of the crime or contributed to it; the victim or his representative in the criminal case; the suspect, accused, defenders and legal representatives; the civil plaintiff, the civil defendant and their representatives in the case concerning indemnification of damage caused by the crime; the witness; expert, specialist, translator, and attesting witness; family members and close relatives of persons, if by means of threats or other illegal actions concerning them are attempts to influence the participants in criminal proceedings. Data on security measures and persons taken under protection is restricted information. In our opinion, the situation fixed in the CPC of Ukraine creates serious prerequisites for the real protection of participants in criminal proceed ings who need to ensure personal security. At the same time, the provision that “the resolution (definition) to case papers is not attached, and is stored separately in body in which production there is a criminal case” seems to us not the best option. We believe that the ideal in this sense would be to store the information in the authority, which ensures the state protection of such a person. This rule is also consistent with the decision of the European court of human rights in Strasbourg, which States that the use of information provided by anonymous witnesses as evidence during the pre-trial investigation phase is consistent with the provisions of the European Convention of 15 may 1992 “on the protection of human rights and fundamental freedoms”. It is defined that regulation of safety of persons attraction to performance of carrying out secret investigative (search) actions is the separate, specific direction of law enforcement activity. The national law enforcement system should thoroughly study and adopt positive foreign experience in the sphere of conducting secret investigative (investigative) actions in various areas, especially on the functioning of the system of secret investigation. This approach will help to improve the level of theoretical knowledge and practical skills of Ukrainian law enforcement officers, as well as to use effective approaches and the best international standards in criminal proceedings.