Review

The paper deals with the issues associated with the use of confidential cooperation in criminal proceedings. Author analysis current legislation of Ukraine and scientific sources on specified issues.

It is reported that a confidential cooperation can be used in the proceedings of covert investigative (search) actions, observation by a person or thing, place (Art. 269), audio, video surveillance of place (Art. 270), and person (Art. 260), control of commission of a crime (Art. 271 CPC of Ukraine), perform special tasks disclosure of criminal activity of an organized group or criminal organization (Art. 272), during covert obtain samples necessary for comparative studies (Art. 274), which is not covert investigative (search) actions, but it is a security measure.

During the proceedings of other covert investigative (search) actions using confidential collaboration in the form of involvement of persons with whom cooperation is established, is not appropriate.

Another form of confidential cooperation, under Art. 275 CPC of Ukraine, namely obtaining (and use) information from such persons, is appropriate for use not only in the course of all, without exception, covert investigative (search) actions, but in a proceeding of other procedural actions undertaken within the pre-trial investigation. It is concluded that in p. 1 of Art. 275 CPC of Ukraine legislator unreasonably limited this possibility by only covert investigative proceedings (search) operations.

Author substantiates that for the relevant legal acts is necessary to make appropriate amendments, which would provide the legal possibility of covert cooperative divisions during pre-trial investigation, regulate organizational aspects of cooperation in confidential pre-trial investigation in accordance with Art. 275 CPC of Ukraine.

Keywords: covert cooperation; criminal proceedings; covert investigative (search) actions; operational units.