Ensuring procedural guarantees and the right to a fair trial during the examination of motions to conduct covert investigations
Aseguramiento de las garantías procesales y del derecho a un juicio imparcial durante la revisión de mociones para hacer investigaciones encubiertas
Babikov O. Amanbay Z. Plakhotnik O. Khovpun O. Lyseiuk A.M.
15 June 2023Universidad Santo Tomas
Via Inveniendi et Iudicandi
2023#18Issue 295 - 111 pp.
The article aims to determine the general principles of guaranteeing human rights and freedoms during the the investigating judge’s examination of motions of pre-trial investigation bodies and prosecutors for permission to conduct covert investigative actions. The subject of the research is the general principle of guaranteeing human rights and freedoms during the consideration of motions to conduct covert investigative actions by investigating judges and the problems of regulation of these issues within criminal procedure legislation. The article uses general scientific and unique research methods, such as comparative, formal, dogmatic, and dialectical. The study results allowed us to determine the areas of improvement of criminal procedural legislation on motions to conduct covert investigative actions. The need for ensuring human rights and freedoms require such actions. Based on the study results, proposals were made to amend the criminal procedure legislation on the motions for investigative actions. In this regard, the incompleteness of regulations requires appropriate amendments to the Criminal Procedure Code of Ukraine, as proposed by the authors. It is substantiated that implementing these changes will ensure sustainable and effective law enforcement practice in the field of organization and conduct of covert investigations, reduce inconsistencies, and ensure uniformity of approaches to determining sufficient and necessary grounds for interference in private communication.
covert investigative actions , human rights and freedoms , interference in private communication , judicial control , motions
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Department of Criminal Law and Procedure, Kyiv National Aviation University, 1 Lyubomyr Huzar Ave, Kyiv, 03058, Ukraine
Faculty of Business, Education, and Law, Innovative Eurasian University, 102/4 GorkyStr, Pavlodar, 140000, Kazakhstan
Department of Notary, Enforcement Procedure and Advocacy, Prosecution, Litigation, Educational and Scientific Institute of Law, Taras Shevchenko National University of Kyiv, 60 Volodymyrska Str., Kyiv, 01033, Ukraine
Department of Criminal Law, Process and Criminology, Academy of Labor, Social Relations and Tourism, 3-A Kiltseva Road, Kyiv, 03187, Ukraine
Department of Financial and Economic Security, Scientific Humanitarian Institute, National Academy of the Security Service of Ukraine, 22 Mykhailo Maksymovych Str, Kyiv, 03022, Ukraine
Department of Criminal Law and Procedure
Faculty of Business
Department of Notary
Department of Criminal Law
Department of Financial and Economic Security
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