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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Providing the operational divisions of criminal procedural proof as a scientific category

Pages: 40-48
Year: 2015
Location: Pravova Ednist Ltd

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The necessity and peculiarities of the concept of «Operational units proving criminal procedure» as a scientific category, which is to form the basis of the direction of scientific development, taking into account trends to strengthen the communication of operational activities and criminal proceedings.

Determined that the investigative operations of state is an independent legal institution has its own goals, objectives, specific means of their implementation. It is regulated by special laws of Ukraine and carried out only certain subjects. However, operational-search activities are always carried out in the interests of criminal justice and served as a means of ensuring the implementation of tasks of criminal proceedings. This is the conclusion of a comprehensive analysis of the organic law enunciated objectives investigative and criminal proceedings.

One of the main tasks means criminal proceedings is proof procedure. Operational units law enforcement were not subjects of proof in the past, and not as per current legislation. However, their activity plays an important and sometimes crucial role in this process. Issues of particular relevance to operational units of the process of proving acquired after the enactment in 2012 of the current Code of Ukraine, when investigating its own forces were not physically able to simultaneously collect evidence in criminal proceedings, which received hundreds each of them for the pre-trial investigation. In this case, due to imperfect legal regulation of relations between the investigator, prosecutor and operative divisions there are numerous problems that greatly reduce the quality process providing the latest evidence. The solution to many of these problems is not possible without understanding the conceptual foundations providing operative divisions of proof in a criminal trial.

Determined that ensure operational divisions Criminal Procedure proof – it is their activities aimed at creating safe conditions for obtaining evidence in criminal proceedings by: documenting evidence of wrongful acts of individuals and groups, responsibility for which the Criminal Code of Ukraine; providing investigators, prosecutors information needed for decision-making on collecting evidence of effective organization and tactics of preliminary investigation; security court staff and law enforcement agencies, persons involved in criminal proceedings, their families and close relatives of these persons.

Keywords: pre-trial investigation, criminal procedure, operational divisions, operational activities, organization of the activities. 

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