Review

It is noted that one of the conditions for the effective pre-trial investigation of criminal offenses of this category is the proper provision of evidence by the investigating judge during the consideration of petitions for conducting investigatory (search) and secret investigatory (search) actions, including during the consideration of petitions on conducting a search in pre-trial investigation regarding acceptance of a proposal, promise or receipt of an unlawful benefit by an official.

It is concluded that the procedure for obtaining a permit for the use of such a investigatory (search) action to obtain evidence as a search of a dwelling or other possession of a person in a criminal proceeding for a party of defense and a party of the charge is conceptually different. For the party to protect the procedure for obtaining a permit to conduct a search of a home or other property of a person is much more complex and long-term, as authorized parties of the parties to the defense are deprived of legal capacity to apply to the investigating judge with a petition for a search of housing or other possession of the person.

It has been argued that consideration of defense petitions for conducting searches for housing or other property of a person, as well as other investigation (search) actions, should be carried out not by the investigator or the prosecutor, but directly by the investigating judge.

Attention is paid to the controversial nature of the Laws of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Justice of Ukraine and other legislative acts" of 10.03.2017 № 2147-VII and "On Amendments to Certain Legislative Acts on Ensuring compliance with the rights of participants in criminal proceedings and other persons by law enforcement agencies during the pre-trial investigation "dated November 16, 2017, No. 2213-VIII. The implementation of certain provisions of the relevant laws will create some difficulties in ensuring the effectiveness of providing investigative judges with evidence when considering petitions on conducting a search in a pre-trial investigation of accepting an offer, a promise or obtaining an unjustified benefit by an official.

The author shares the opinion expressed in the scientific literature regarding the legalization in Article 234-1 of the Criminal Procedural Code of Ukraine "Person search" and proposes to expand the list of grounds according to which it was allowed to conduct a search of a person without the order of an investigating judge.

Keywords: search; proving; the investigating judge; acceptance of a proposal, promise or receipt of an unlawful benefit by an official; ensuring.