Review

The consideration of the legal (juridical) grounds and of the actual conduct of cover investigative (search) actions, the propositions of the improvement of their legislative definition, the specifying the subjects of the adoption of procedural decisions on the conduct of cover investigative (search) actions are made on the basis of theoretical studies, the provisions of the criminal procedural legislation of Ukraine and the materials of the practice. The actual grounds of realization of secret investigative (search) actions are the availability of sufficient information in criminal proceedings, which indicate the possibility of reaching the goal of the relevant secret investigative (search) action.

The legal grounds for conducting a cover investigative (search) action are: 1) investigation of a crime of the corresponding severity; the availability of such aggregate of factual dates, which allow the investigator, prosecutor, investigating judge to conclude that there may be actual evidence during the course of its conduct, which, according to the results of the inspection and evaluation, may be the content of evidence in criminal proceedings; the information about the crime and the person who committed it, can not be obtained in any other way; 2) the decision of the investigator, the prosecutor on conducting about cover investigative (search) action, and in cases provided by this Code - the decision of the investigating judge on the permission to conduct a cover investigative (search) action, made on the basis of the corresponding request of the investigator, prosecutor. It is substantiated that the investigators and the prosecutor are the subjects of the adoption of a procedural decision to conduct cover investigative (search) action.

Key words: pre-trial investigation, cover investigative (search) actions, procedural decisions, factual grounds for conducting, legal (juridical) grounds of conducting, Criminal Procedure Code of Ukraine, investigator, prosecutor, investigating judge.