Анотація

Determined the legal problems associated with the use of the covert technical means by the prosecution during the criminal proceedings. Proposed the ways of solving these problems.

Emphasized that article 273 the Criminal Code of Ukraine should complement the norm, according to which during the undercover investigative (search) activity the investigator, prosecutor and authorized operative units have the right to use technical means of penetration into publicly inaccessible places; technical means of audio and video control; technical means of interception the traffic of telecommunications networks and electronic information systems; means of photography, video and sound recordings; technical means of installation the location of the specific material objects; technical communications equipment, optical instruments, vehicles. However, it should be noted that the permission for use of the technical means of penetration in publicly iinaccessible places, the technical means of audio and video controls is the judge's decision to conduct the undercover investigative (search) activity stipulated under Art. 267 and 260 of the Criminal Code. Permission for the use of means of interception of telecommunications transport networks is the judge's decision to conduct the undercover investigative (search) activity under Art. 263 of the Criminal Code. Permission for the use of means of interception the traffic of electronic information systems, access to which is restricted by the owner, the owner or holder, or associated with overcoming the logical protection system, is the judge's decision to conduct the undercover investigative (search) activity under Part. 1 st.264 of the Criminal Code.

Moreover, Art. 273 should complement the remark that during the undercover investigative (search) activity in publicly accessible places are allowed freely use the audio, video, photography technical means, video and sound recordings; the technical means of installation the location of the specific material objects; optical devices, technical means of communication, vehicles.

Keywords: technical means; covert investigative (search) actions; the prosecution; investigator; prosecutor; operational units.