Review

One of the effective means of operational units’ activities is operational examination. It has been used by law enforcement, intelligence and counterintelligence agencies of states around the world from olden times to the present. It is actively used during operational investigative activities and pre-trial investigations. As time goes on, the operational examination not only does not lose its relevance in the fight against crime, but also becomes even more important due to the use of the achievements of science and technology, the use of the latest technologies. Ukrainian law enforcement operational units actively use it to perform the tasks of operational investigative activities and criminal proceedings. However, this does not always happen within the legal framework, which is due to the imperfection of the legal regulation of operational examination.

The purpose of this article is to determine the actual meaning of the operational examination as a means of operating units, as well as to put forward proposals for legislative regulation.

According to the results of the study, it was established that the actual meaning of the operational examination consists in a visual examination by an investigation officer (or person who cooperates with him on a confidential basis) of specific material objects in order to accomplish the tasks of operational investigative activities and criminal proceedings by free access or with the consent of the owner, user or persons authorized by them. The consent of the owner, user, or persons authorized by them to access a specific object is obtained openly or with concealment of their belonging to law enforcement agencies and (or) the purpose of the visit.

In order to improve the use of operational examination by the operational units in crime counteraction, it is advisable to regulate the possibility of carrying out four separate operational investigative activities in the Law of Ukraine “On operational investigative activities”, which by epistemological nature correspond to this method of operational investigative activity, but they should be clearly distinguished according to the legal basis of application, organizational and tactical features.

The first is an examination of a publicly accessible places and objects there, including with the concealment of the professional affiliation of the investigation officer and the purpose of his actions or the actions of the person who cooperates with him. It should be carried out with the permission of the head of the operational unit.

The second is an examination of a publicly inaccessible places or separate objects with the consent of the owner, user, or persons authorized by them, including with the concealment of the professional affiliation of the investigation officer and the purpose of his actions or the actions of the person cooperating with him. It should be carried out with the permission of the head of the operational unit with the mandatory notification of the prosecutor.

The third is an examination of publicly inaccessible places, homes or other possessions of a person by covert penetration, including using technical means to enter the premises. It should be carried out in coordination with the prosecutor with the permission of the investigating judge.

The fourth is a covert (unofficial) examination of the arrested correspondence. It should be carried out in coordination with the prosecutor with the permission of the investigating judge.

Key words: operational units, crime counteraction, crime prevention, crime detection, suppression of crime, crime investigation, operative investigation activity; criminal proceeding.