ENSURING CONSTITUTIONAL RIGHTS OF INDIVIDUALS AND CITIZENS DURING THE CONDUCT OF COVERT INVESTIGATIVE (SEARCH) ACTION REGARDING THE EXAMINATION OF A PERSON’S DWELLING AND OTHER PROPERTY

Abstract

The article is devoted to the study of the legal foundations for ensuring the constitutional rights of individuals during the conduct of covert investigative (search) action (CISA) concerning the inspection of dwellings or other possessions within the framework of criminal proceedings. The aim of the research is to examine the legal regulation this type of CISA, identify problems related to the observance of constitutional guarantees particularly the right to inviolability of the home – and to develop proposals for improving legal protection mechanisms. The research methodology is based on the analysis of the norms of the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, the practice of the Supreme Court, and the case law of the European Court of Human Rights (ECHR). Methods of systemic analysis, comparative legal analysis, and generalization of judicial practice are applied. The scientific findings indicate that current Ukrainian legislation establishes procedural safeguards for protecting individual rights during the conducting of CISA, including the requirement of judicial authorization and prosecutorial oversight. However, a formalistic approach to substantiating motions and the lack of clear criteria for authorizing inspections of dwellings lead to a risk of violating the right to privacy. The practice of the Supreme Court of Ukraine confirms the necessity of thoroughly justifying any interference in private life to ensure the admissibility of obtained evidence. The article proposes amendments to the Criminal Procedure Code of Ukraine, particularly the introduction of minimum evidentiary standards and time limits for notifying individuals about the conducting of CISA against her. The need for the implementation of international standards on the proportionality of interference, as articulated by the European Court of Human Rights (ECHR), is also emphasized. The practical value of the study lies in the development of recommendations for improving legislation and judicial practice, which would enhance the effectiveness of constitutional rights protection in criminal proceedings. The proposed changes may serve to strengthen judicial control and prosecutorial oversight over the use of CISA. The scientific novelty of the research consists in the comprehensive analysis of the legal regulation problems of CISA involving the inspection of dwellings, taking into account international standards and the case law of the ECHR. For the first time, the introduction of an electronic register of CISA is proposed to increase transparency and control.