Review

The paper examines the role of the prosecutor during the covert investigation (search) actions. The author determines the features ensuring the rights of persons during procedural measures that restrict constitutional rights.

Offered a supplement to p. 1, Art. 2691 of Criminal Procedure Code of Ukraine as follows: "The prosecutor makes a request or approves the request of the investigator (search) on the monitoring of bank accounts."

Proved that if a prediction right of control over the commission of a crime by a decision of the investigator agreed with the head of pretrial investigation, should be provided in the current legislation of Ukraine duty of prosecutor to check for legitimate and reasonable grounds of this covert investigation (search) actions and in certain cases termination of their conduct.

It is proposed to consolidate in the CPC of Ukraine the right of investigator (search) who is the initiator of the CISA to become acquainted with the results , including during their implementation, and provide the right of investigator (search) to draw up a protocol on holding CISA until their termination, if the results, in his opinion, may be the basis of other legal proceedings measures (for example, in the course of the CISA established the tool storage location (subject) of the crime and there is a need to search or revealed that the suspect intends to flee from the investigation).

I’ts necessity to supplement Art. 257, ch. 3 as follows: "If the investigating judge issued a ruling on the use of covert investigative results (search) actions in other criminal proceedings, the prosecutor submits information to the Unified Register of pre-trial investigations. The decision to manufacture a duplicate of the protocol and results of covert investigative (search) actions taken by a prosecutor only to be used in other criminal proceedings. In this case, duplicate reports of CISA is a source of evidence. "

Key words: prosecutor, investigator, search, investigating judge, an covert investigative (search) action, a temporary restriction of constitutional rights of a person, request, investigating judge ruling.