- Journal Issues
- № 1 2015 Problems of pre-trial investigation
- Problems of criminal procedure
- Execution of orders as a form of interaction investigative and operational units in criminal proceedings
Execution of orders as a form of interaction investigative and operational units in criminal proceedings
Review
We study the scientific and practical problems of joint activities with the investigator the operational units during the last instructions to the investigation (investigation) actions and covert investigative (seach) actions; provided suggestions for improving organizational aspects of this interaction. Based on the analysis made by the author of the CPC of Ukraine norms and practices in the provision of operational orders division leads to the conclusion that the activities of the investigator impossible combination of procedural and operational-search functions. The investigator should not interfere in the operational-search activity, and operational staff – encroach on the procedural autonomy of the investigator. The success of their work depends on its coherence and coordination for the leading role of the investigator, although it may be initiated by operational staff. Collaborate investigator and search operations staff during the investigation of any criminal offense has thoroughly consistent with the plan of investigation and based on the results of a joint assessment investigation and search operations management. It is noted that during the execution of orders interaction investigator and operating unit it must meet two basic requirements: it is a clear distinction between the functions of interaction and mutual consistency of decisions and actions of the investigator and the operational unit. The unity of these conditions and their adherence to guarantee the effectiveness of their joint activities in addressing the challenges of the criminal proceedings.
Keywords: investigative, operational units criminal offense instruction, interaction, investigative (seach) action, covert investigative (seach) actions.