Review

The article examines the legal relations between the investigator and the prosecutor in the course of conducting covert investigative (detective) actions (CIDA), as well as the doctrinal approaches to the definition of the concept and essence of covert investigative (detective) actions. The purpose of the article is a theoretical and legal analysis of the legal relationship between the investigator and the prosecutor when conducting a criminal investigation as a means of obtaining evidence and developing scientifically based proposals for their improvement. The author emphasizes that legal regulation of the CIDA should ensure a balance between the effectiveness of law enforcement activities and the observance of human rights and freedoms guaranteed by the Constitution and international legal acts. In this context, the legal relationship between the investigator and the prosecutor, who play a key role in the process of planning, organising, monitoring and evaluating the results of the CIDA, deserves special attention. The investigator, as the initiator of most covert measures, is responsible for their validity and legality, while the prosecutor supervises compliance with legal norms, ensuring the legitimacy of such actions. It is indicated that an effective, complete and impartial investigation of criminal offences largely depends on the coordinated interaction between the investigator and the prosecutor, who are the key participants in criminal proceedings on the part of the prosecution. Coherent cooperation between the investigator and the prosecutor is a prerequisite for the successful fulfilment of the tasks set out in Article 2 of the Criminal Procedure Code of Ukraine, in particular, ensuring proper pre-trial investigation, observance of human rights and legitimate interests of the participants to the proceedings. The article examines the practice of national courts and the ECHR on certain issues of the pre-trial investigation. The author identifies typical violations committed by investigators and prosecutors in the course of conducting pre-trial investigation and suggests ways to eliminate them. It is concluded that the final assessment of the results of the CIDA for their further use in the evidence base is possible only after a thorough verification and confirmation of the data obtained by other procedural means. This necessitates close cooperation between the investigator and the prosecutor, where each performs clearly defined functions, interacting within the framework of the law and professional ethics.