Review

Annotation. Grounds, order and limits of interventional from the authorized public organs, in private life of citizens were always examined as one of scientific issues of the day, the decision of that has an extraordinarily important value for law enforcement activities. The use of covert methods of gathering information necessary for criminal proceedings is a well-established practice of both domestic and foreign law enforcement agencies. Gradual democratic development of civil society, the recognition of the inalienability and inviolability of human rights and freedoms, the realization that they belong to the man by nature and the reflection of this fact in the public consciousness created the preconditions for the state, its bodies and officials to temporarily restricts rights and human freedoms are strictly regulated, and the use of the results of interference with private communication in criminal proceedings is properly monitored. However, in some cases the use of such results is complicated, which requires the study of this problem and the search for possible solutions. The main purpose of the article is to highlight the problematic issues of using the results of interference in private communication in criminal proceedings and search, based on the theoretical achievements of scientists who conducted scientific research in this area, ways to solve them. The study found that compared to the total number of covert investigative (search) actions, only a relatively low number of results of interference in private communication are used as evidence in criminal proceedings. Among the main reasons for this are the shortcomings of fixing the progress and results of covert investigative (search) actions, violation of the procedural deadlines for their transfer to the prosecutor and the imperfect procedure for declassification material media. Due to the selection of typical violations that are allowed during covert investigative (search) actions that related to interference in private communications and some shortcomings of the legal regulation of this issue, ways to eliminate them have been proposed. In particular, it is proposed to make appropriate changes and additions to part 1 of Art. 246, part 3 of Art. 252 of the CPC of Ukraine and the interdepartmental Instruction about the organization of covert investigative (search) actions and the use of their results in criminal proceeding of November 16, 2012 № 114/1042/516/1199/936/1681/51. Keywords: interference in private communication, criminal proceedings, covert investigate (search) actions, use of results, evidence. REFERENCES LIST OF LEGAL DOCUMENTS LEGISLATION

1. Kryminalnyi protsesualnyi kodeks Ukrainy: Zakon Ukrainy [Criminal Procedural Code of Ukraine: Law of Ukraine] vid 13.04.2012 № 4651-VI data zvernennia 21.10.2020 [in Ukrainian].
2. Kryminalnyi kodeks Ukrainy: Zakon Ukrainy [Criminal Code of Ukraine Law of Ukraine] vid 05.04.2001 № 2341-III data zvernennia 21.10.2020 [in Ukrainian].
3. Pro operatyvno-rozshukovu diialnist: Zakon Ukrainy [Law of Ukraine «On Operative and Searching Activity»] vid 18.02.1992 № 2135-XII data zvernennia 21.10.2020 [in Ukrainian].

STATUES

1. On the procedure for obtaining a court permit for the implementation of measures that temporarily restrict human rights and use of extracted information: resolution КМ Ukrainy vid 26.09.2007 № 1169 data zvernennia 21.10.2020 [in Ukrainian].
2. Instruction on the organization of covert investigate (search) actions and the use of their results in criminal proceedings: order of Prosecutor General’s Office of Ukraine, Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, Administration of the State Tax Service of Ukraine, the Ministry of Finance of Ukraine, the Ministry of Justice of Ukraine vid 16.11.2012 № 114/1042/516/1199/936/1681/51 data zvernennia 21.10.2020 [in Ukrainian].

CASES

1. Cases № 751/7557/15-к, proceedings № 13–37кс18: desicion of the Grand Chamber of the Supreme Court vid 16.01.2019 data zvernennia 21.10.2020 [in Ukrainian].
2. Cases № 640/6847/15-к, proceedings № 13–43кс19: desicion of the Grand Chamber of the Supreme Court vid 16.10.2019 data zvernennia 21.10.2020 [in Ukrainian]. –

BIBLIOGRAPHY JOURNAL ARTICLES

1. Pohoretskyi М, Sukhachova І The use of covert investigate (search) actions in the investigation of the corruption crimes: some problematic issues (2020) 78 Scientific Bulletin of the National Academy of Security Service of Ukraine 128–135 [in Ukrainian].
2. Kozyakov І, Problems of the theory and practice application of articles 187, 187–1 СPС Ukrainy (2003) 4 Pravo Ukrainy 57–62 [in Ukrainian]. NEWSPAPER ARTICLES
3. Antonyuk N, Conclusions of the Supreme Court regarding the opening of the materials of covert investigate (search) actions in the order of sт. 290 КPК (2020) 21.03–03.04. Law and business data zvernennia 21.10.2020 [in Ukrainian].