Анотація

The author of the article deals with issues such application by the prosecution as a means of obtaining evidence search of a person in the course of the preliminary investigation acceptance of the offer, promise or obtain undue advantage by an official in terms of recent changes to the current criminal procedural and criminal legislation of Ukraine. Based on the results of the analysis of materials of criminal proceedings, the author concludes that in practice there are a number of problems related to the obtaining of evidence by the prosecution on the results of a search of a person in the course of the preliminary investigation acceptance of the offer, promise or receipt of improper benefits officer , which can adversely affect both the efficiency of the prosecution of evidence in criminal proceedings that category, and on the comprehensiveness, completeness and impartiality conduct all pretrial investigation of these crimes. The main reason is the absence in the current Criminal Procedure Code of Ukraine articles that regulated the procedural order to obtain permission to conduct a search of the person of their sockets.

In view of the above, and given criminal procedure legislation of foreign countries, the rules which detail regulate the procedural order of the prosecution searched person (art. 246 CPС Republic of Azerbaijan; art. 272 ​​ CPС Republic of Turkmenistan; art. 255 CPС Republic of Kazakhstan; art. 184 CPС of Russian Federation, art. 211 CPC Republic of Belarus; art. 185 CPC Kyrgyz Republic; art. 229 CPC Republic of Armenia), supplements the existing Code of Ukraine Article 234-1 "Searching person".

Keywords: search; person; prosecutor; proving; acceptance of the offer.