- Journal Issues
- № 3 2016 The prosecution side in criminal proceedings
- Problems of criminal procedure
- Problematic issues of proving operational units during the covert investigation (search) action
Problematic issues of proving operational units during the covert investigation (search) action
Review
In the article highlights the problematic issue of proving by the operational units during the covert investigation (search) actions. It is noted that the disclosure and investigation of crimes largely depends on the activities of the operational units that are involved in criminal proceedings to obtain evidence through undercover covert investigation (search) actions.
Operational units authorized to conduct covert investigation (search) actions under the order of the prosecutor or investigator in the manner prescribed by art. 41 CPC of Ukraine. To ensure implementation of the operational units of effective proving order prosecutor to conduct covert investigation (search) actions should be motivated, contain a clear task, which is to be resolved, the timing of its implementation, which is necessary for its implementation.
In practice, most of the first investigator sends orders to conduct covert investigation (search) actions chief operating unit, which then determines the specific operational staff units to be run errands investigator to conduct covert investigation (search) actions. The necessity of providing investigative commission sent directly as operational or technical operating unit that is authorized to conduct covert investigation (search) actions.
It is proposed to consolidate the CPС of Ukraine position that employees of operational units for good cause have the right to petition the investigating, prosecutor of the investigation (search) and covert investigative (search) action.
Keywords: proving; providing; operational units; covert investigative (search) actions; order.