SEARCH: PROBLEMS OF IMPLEMENTATION OF PROVISIONS OF CRIMINAL PROCEDURE LEGISLATION IN COURT PRACTICE

Abstract

Based on the results of the analysis of case law, the article describes the peculiarities of appointing and conducting a search of a dwelling and other premises. The author high-lights the most common mistakes in the course of preparing petitions for a search warrant, as well as violations committed by investigators in the course of direct investigative (search) action. The author defines the purpose of such investigative (search) action and the main ar-eas of investigator's activity in searching for and seizing specific items, things and docu-ments to solve the tasks of criminal proceedings. The author provides the requirements for motions for a search warrant, and highlights examples from case law regarding the return of such motions for revision, refusal of the investigating judge to satisfy the motion, and granting of a search warrant. The author examines the peculiarities of judicial practice regarding searches without the investigating judge's warrant in urgent cases. The author identifies the main shortcom-ings regarding the content of motions submitted to the investigating judge and the justifi-cation of the provisions of Part 5 of Article 236 of the CPC of Ukraine. Given the results of the analysis of judicial practice, the author outlines the main mis-takes encountered in the practice of conducting a search in relation to persons who may conduct a search and be present during the search. Attention is drawn to the need for careful selection of witnesses. The author highlights the main shortcomings in terms of entering information about the participants in the search report, inviting witnesses interested in the results of the investigation, including the special regime of criminal proceedings under mar-tial law, etc. The author also highlights the problematic aspects of the use of technical means for recording the course of a search and displaying and preserving its results.