Review

It is noted that the Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Judicial Procedure of Ukraine and other legislative acts" dated October 3, 2017, No. 2147-VII, the legislator tried to conceptually improve the procedure for the production of such vowel means of obtaining evidence as search for a home or other person's possession and conducting an examination.

Attention is drawn to the ineffectiveness of the introduction of new rules for determining the jurisdiction to deal with petitions on the search of dwelling or other property rights in law enforcement activities. Proposed provision of Part 2 of Art. 234 of the CPC of Ukraine should be worded as follows: "The search is conducted on the basis of a decision of the investigating judge of the local court, within the territorial jurisdiction of which is the relevant body of pre-trial investigation". Proposals for the amendment of the editorial of Part 2 of Art. 132 CPC of Ukraine: "The petition for the application of measures to ensure criminal proceedings, based on the decision of the investigating judge, shall be submitted to the local general court, within the territorial jurisdiction of which the relevant pre-trial investigation body is located."

Critically evaluate the new additional requirements that investigators (detectives), prosecutors have to indicate in search of dwelling or other property of a person. It is concluded that the implementation of the relevant provisions will have significant difficulties when the subject of the search will be documents of accounting or financial reporting, bank documents or funds that were transferred to the official as an object of improper benefit. In this case, the investigator (detective), the prosecutor in the search for a search will have to indicate the source data and other details of each document, identification numbers of each monetary currency, etc.

It is proved, if the investigator (detective), the prosecutor before the search will contact the owner of dwelling with a request in the manner prescribed by Part 2 of Art. 93 of the CPC of Ukraine, about the voluntary issuance of certain things and documents that may be relevant for criminal procedural proof, then the fact of the necessary seizure of the necessary things and documents in the future during a search of a home or other property of a person will be virtually unlikely. A person (owner of a home) will be aware of the fact that certain things or documents are of interest to the investigator (detective), the prosecutor and that they will subsequently become the object of a search. Therefore, the owner of the dwelling will take all necessary measures for their concealment or destruction.

The disadvantages of improving the procedural order of conducting such an investigative (investigative) action as an expert examination are identified, and their own ways of optimizing the provisions of the current CPC of Ukraine are proposed.

Keywords: obtaining evidence; competition; search of dwelling or other property of a person; conducting an examination; pre-trial investigation.