Review

In the article highlighting the problematic issues of the proving of the prosecution acceptance of an offer, promise or receiving illegal benefits by an official.

During the investigation of the facts acceptance of an offer, promise or receiving illegal benefits by an official, one of the priority tasks of the investigator and the prosecutor is to identify a subject of undue benefits and documents, including management (decrees, orders, protocols), accounting, private (drafts, letters, records in desktop calendars, notebooks, telephone directories and on separate sheets) and others (hotel bill, registration of vehicles, purchase of an apartment), which may indicate the acceptance of an offer, promise or receiving illegal benefits by an official and agreements between the person receiving undue benefits, and the person who has, for the amount of illegal gains, time and place of meetings, etc.

Attention the attention of the fact that during the consideration of petitions investigating prosecutor temporary access to objects and documents in the criminal proceedings in this category often require to investigators and prosecutors to provide in support of applications corresponding solid evidence of the commission of unlawful acts that get differently in the course of these proceedings, it is impossible.

It is noted that one of the most effective, and in some cases the only possible, means of obtaining evidence by the prosecution in criminal proceedings, including during the pre-trial investigation of the acceptance of an offer, promise or receiving illegal benefits by an official is covert investigative (search) actions.

It is concluded that certain difficulties in obtaining evidence in criminal proceedings of the acceptance of an offer, promise or receiving illegal benefits by an official and also due to the complexity of procedures for obtaining permission to their conduct on a particular category of people, including the people's deputies.

Keywords: prosecution; evidence; proving; illegal benefits.