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"

Archive of Issues

Regarding legal defnitions of investigative (search) and covert investigative (search) action

Pages: 96-102
Year: 2016
Location: Pravova Ednist Ltd

Review

The article is based on an analysis of legal definitions of investigative (search) and covert investigative (search) actions, theory of proving and doctrine of the searching activities of the investigator set discrepancy volume terms these concepts that they define. According to that formulated proposals on amendments and additions to part 1 of Article 223:         

«1. The investigators (search) actions are actions aimed at receiving (collecting) evidence or verification of evidence already received, as well as searching individuals or material objects in the proceedings», - and parts 1, 2 of Article 257 of the Criminal Procedure Code of Ukraine: «1. Results of covert investigative (search) action can be used to search for persons or property subject to confiscation or special confiscation in criminal proceedings in which they are held.

2. If the result of covert investigative (search) action detected the signs of criminal offense that is not investigated in this criminal proceedings or the data of the wanted person or property subject to confiscation or special confiscation in other criminal proceedings, then the data can be used in other criminal proceedings only by the investigating judge decisions that decreed at the request of the prosecutor».

Keywords: investigative (search) action, covert investigative (search) action, searching activity of the investigator, proof, search. 

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