Review

The article is devoted to the problem issues of the evaluation of the admissibility of evidence obtained from conducting covert investigative (search) actions, particularly as regards the grounds, methods and legitimacy restriction of rights and freedoms of an individual, against whom an undeclared activities are carried out. The author examines the peculiarities of the legal nature of such acts and reveals the issues that arise in practice in recognizing evidence of the results of covert investigative (search) actions.

The article focuses on problem issues of the application of the CPC code of Ukraine, in particular, Chapter 21, which defines the system and procedures of covert investigative (search) actions. The features of evaluation of the admissibility of results of covert investigative (search) actions are examined by using the examples of certain judgments and procedural situations. Attention is drawn to the issue of procedural declassification of documents that are the basis for the covert investigative (search) actions and provide for review of the defense and the court, which is important for assessing obtaining evidence. Also, the problem of the admissibility of evidence of the crime of minor or medium gravity received from the results of the covert investigative (search) actions in criminal proceedings, registered the fact of committing grave or especially grave crime are considered. Technology features of some secret investigative (search) actions, which, in particular, are in need for complex following several decisions of the investigating judge and the prosecutor`s resolution, which are legal grounds for their conduct.

Keywords: evidence, evaluation of evidence, admissibility, covert investigative (search) actions.