ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

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International legal assistance: the content and the ways of improving implementation

Pages: 95-101
Year: 2015
Location: Pravova Ednist Ltd

Review

International legal assistance is the most common form of international cooperation in criminal proceedings. Its meaning is to conduct various proceedings on the basis of the request (the request, order) for international legal assistance. All actions are carried out within the international legal as- sistance, according to the analysis of international and national legislation, can be divided into two groups: a) proceedings contemplated Code of Ukraine; b) the proceedings provided for by interna- tional agreements of Ukraine. The first group proceedings include: the proceedings, conduct which is specifically provided in the framework of international cooperation, in accordance with Section IX Code of Ukraine; investigators (seach) activities; undercover investigators (seach) activities; other proceedings provided for PDA Ukraine. In turn, the second group of proceedings, conduct which is prohibited by international agreements of Ukraine, may, for example, to treat: a survey; search, sei- zure and confiscation of property or proceeds of crime; receipt of applications, surveillance, including electronic; implementation of search and seizure; expeditious preservation of data stored; expedited preservation and partial disclosure of traffic data; search and seizure of computer data are stored; collection of traffic data in real time; interception of content data; the search and seizure and freezing; identification, freezing and tracing proceeds of crime; asset stripping and other actions, depending on the content of a specific international treaty, which is the basis for cooperation. Displayed clas- sification is consistent with art. 561 Code of Ukraine, the existing level of cooperation between the competent authorities of the criminal proceedings.

Keywords: international legal assistance proceedings, a request, an international treaty with Ukraine.

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