Анотація

The paper addresses the problematic aspects of the introduction of adversarial justice under the new Criminal Procedure Code of Ukraine. The authors focus on the absence of real mechanisms to ensure equality when dealing with covert investigative materials (search) operations. It is noted that in practice only a few lawyers have access to state secrets. The valid legislative acts that regulate the activity of lawyers and their use of information constituting a particular kind of secret, not provided the right of lawyer for relevant information and not determined the order of access her by counsel. In this connection, lawyers denied the opportunity to assess the legality of covert investigative (search) actions of authorized body of compliance with all requirements and procedures prescribed by law, which greatly complicates the preparation of quality lawyer legal position on the facts on which refers party of the prosecution.

The paper draws attention to the absence in court of real procedural mechanisms to check the lawfulness of the prosecution during the covert investigation (search) actions on pre-trial investigation, since in materials in the criminal proceedings, except protocols of covert investigative (search) actions and applications, often there are no procedural documents, on which conducted  the covert appropriate investigative (search) actions. In particular, the decision of the investigating judge of Court of Appeal, which granted permission for the temporary restriction of constitutional rights and freedoms, the investigator, prosecutor about conducting investigative (search) action etc.

Author proposed the ways of further scientific developments, based on the analysis of the current criminal procedure legislation of Ukraine and material of legal practice.

Keywords: adversarial parties of criminal proceedings, proceedings, covert investigative (search) actions, evidence, classification.