Review

On the basis of the analysis of the current provisions of the criminal procedure law of Ukraine material practices and surveys of practical workers, author of the article considers the problematic issues of realization the right of the defender for receive evidences by initiation conduct of the secret investigation (search) actions. It is noted that the decision conduct of the secret investigation (search) actions should take no investigator or prosecutor. This obligation should be entrusted to investigating judge.

Substantiated that declassify be only those materials that have been received on the results of the secret investigation (search) actions (minutes of the secret investigation (search) actions and the relevant their annexes), while the decision on which conducted of the secret investigation (search) actions (resolution investigator, prosecutor of the secret investigation (search) actions, decision investigating judge for permission of the secret investigation (search) actions) are not subject to declassify. It should be noted that the existence of this legislative gap leads to the fact that the defenders denied the opportunity verify and assess the legality and validity of the secret investigation (search) actions, the legitimacy of limiting the rights and freedoms of their clients during of the secret investigation (search) actions and protocols of the secret investigation (search) actions – as admissible and proper evidences in pre-trial investigation.

It is noted that the criminal proceedings must be available procedural decision on which conducted the secret investigation (search) actions (resolution investigator, prosecutor of the secret investigation (search) actions, decision investigating judge for permission of the secret investigation (search) actions) and request of the secret investigation (search) actions, of which the established order authorized persons filmed secrecy stamp. Appropriate secrecy stamp should be removed or after conducted the secret investigation (search) actions or before the opening of materials of criminal proceedings to another party (art. 290 CPC of Ukraine).

Keywords: defender, secret investigation (search) actions, proving, evidence, pre-trial investigation.