Review

In article based on analysis of scientific sources, the provisions of the Criminal Procedure Code of Ukraine in 1960 and the Criminal Procedure Code of Ukraine in 2012 investigated the legal nature of seizure and provisional access to objects and documents.

It is concluded that regulated norms of criminal procedural law procedure implementation provisional access to objects and documents is a positive step of the domestic legislator on the way to approximation of  the legal regulation for criminal procedural activities to international standards and a higher level for ensuring rights of a person. However, relevant norms of Chapter 15 CPC of Ukraine needing appropriate changes and additions in particular towards the simplification of the procedure of proceedings in appropriate circumstances.

Considered problem issues associated with use of the results of covert investigative (search) action for provisional access to objects and documents.

It is proved that for implementation of adversarial principles of criminal proceedings should legislatively determine the appropriate procedure for storage defender physical evidence by defender in the implementation criminal proceedings that in turn will create proper criminal procedural guarantees of defender as a subject of proving in criminal proceedings.

Substantiated that use of the results of covert investigative (search) action can be actual grounds for conduct of procedural actions – means of proving, that arising from p. 4 p. 2 art. 160 and p. 2 art. 223 CPC of Ukraine, while content actual grounds for their conduct formulated in these rules differently: “can be achieved shall be grounds for the conduct of such action” (p. 2 art. 223 CPC of Ukraine), or availability “grounds to believe that the objects and documents are or can be in possession of the physical or legal person concerned”, or no formulated (p.p. 2, 3. art. 93; art. 246 CPC of Ukraine). In this connection proposed in the current CPC of Ukraine define requirements for actual grounds of these procedural actions.

Keywords: covert investigative (search) action, seizure, provisional access to objects and documents, evidence, proving.