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- Номери журналу
- Problematic issues of legislative consolidation of information on secret investigation (search) actions that are not subject to disclosure
Problematic issues of legislative consolidation of information on secret investigation (search) actions that are not subject to disclosure
Анотація
Based on the analysis of the relevant provisions of the applicable national legislation contained in scientific sources viewpoints of scholars and practitioners, the article researched covert aspects of secret investigative proceedings (investigation) action. Established that secret investigative (search) action singled out in the relevant type of investigative (search) acts just on the basis of the fact of secrecy and methods for their implementation. In terms of cognitive methods, secret methods used during their execution, undercover investigators (search) action is different from the secret of similar search operations. Under the same mode of conduct, which is unofficial, secret not only to interested in solving criminal proceedings or the results of investigative entities, but also from employees in the units, pre-trial investigation, etc., which do not participate in their implementation. Speaking of nehlasnist, privacy methods of covert investigative (search) action set that can not be disclosed as the type and nature of covert methods of obtaining information about a crime, information constituting a state secret, and the fact that the use in the course of covert investigative (search) actions of the scientific methods of knowledge (observation, interviews, etc.), which themselves are not secret. Introduction of a secret investigative (search) action in criminal proceedings Ukraine needs further improvement of national legislation, including in the area of health information, with limited access.
Keywords: secret investigative (search) actions, secret methods of obtaining information, operational-search activity, state secret, the Criminal Procedure Code of Ukraine.