Анотація

The article is based on the analysis of the scientific sources, the Сriminal procedural legislation of Ukraine. It defines the concept of investigative (search) action as a means of obtaining evidence in criminal proceedings against minors.

It is noted that under the Сriminal procedure law had come in force witch was using before the Сriminal procedure law of Ukraine 2012 came in force , the law defined a set of tools to obtain information about the crime witch was called "investigative actions". Without explaining its meaning and essence, the term is used in several articles of the Сriminal procedure law of Ukraine 1960, particularly Art. 114, that regulate the powers of the investigator, p. 128-1 "Participation of the Specialist during the investigation" and others. However, neither art. 66 of the Сriminal procedure law of Ukraine 1960, which regulate  the methods of collection and presentation of evidence nor other Articles of the criminal procedure law do not contain the notions about investigation. Therefore, the criminal procedure law did not contain a definition of "investigation", additionally except explaining its nature and list.

Attention is focused on the fact that the current Сriminal procedure law of Ukraine establishes in Part. 1 Art. 223 of the Сriminal procedure law of Ukraine legal definition of investigative (search) action – action for obtaining (collecting) evidence or verification of received evidence in the criminal proceedings, at the same time it is imperfect and it does not meet the needs of legal practice, including during the pre-trial investigation of criminal proceedings against minors.

Having considered all above mentioned, the investigative (search) action, as a tool of the obtaining evidence in criminal proceedings against minors – is the measures witch are consisted of a set of search and cognitive and identity techniques, witch are  conducted by person whom is special authorized by criminal procedure law in a order for each this kind of subjects to identify and consolidate the evidence and information about their sources for obtaining evidence in criminal proceedings against minors.

Keywords: investigative (search) action, obtaining evidence, evidence, minors, proving.