Review

In the article, based on the results of the analysis of scientific literature, materials of law practice, the results of the survey of practical workers, one of the effective means of obtaining evidence in criminal proceedings is considered – temporary access to article, thing or material, whose legal regulation is specified in Chapter 15 of the Criminal Procedural Code of Ukraine. Attention is drawn to the existence of a number of problematic issues related to the temporary access to article, thing or material as a means of obtaining evidence, existence of which does not ensure the effectiveness of criminal procedural evidence and the effectiveness of this institution in criminal proceedings.

Taking into account the aforementioned, the author of the article has made it an aim to study the problematic issues of temporary access to article, thing or material as a means of obtaining evidence in criminal proceedings and to provide scientifically substantiated proposals for their solution.

It is concluded that the use of operational subdivision of temporary access to article, thing or material on the basis of the order of the investigator, prosecutor leads to the impossibility of recognizing the results of such action evidence in criminal proceedings, since they do not meet the requirement of admissibility – received by an inappropriate entity. It is proposed to extend the procedural powers of the investigator, the prosecutor as subjects of criminal procedural evidence, by giving them the right to entrust operational subdivisions with not only investigating (searching) and secret investigating (searching) actions, but also other procedural actions.

In order to ensure the proper implementation of the principles of competition in criminal procedure, it is proved that the fixing of the results of the temporary access to article, thing or material for the investigator, the prosecutor and the defense counsel should be reflected exclusively in the protocol, which must meet the general requirements stipulated in Article. 104-107 of the Criminal Procedural Code of Ukraine.

Keywords: evidence; temporary access to article, thing or material; obtaining evidence; operational subdivision; defender; investigator; prosecutor.