COVERT INVESTIGATIVE (SEARCH) ACTIONS AND THE USE OF CONFIDENTIAL COOPERATION DURING THEIR CONDUCT

Abstract

The relevance of the issues under consideration is due to the introduction of the institute of covert investigative (detective) actions into criminal proceedings as a ways of forming judicial evidence. It is mentioned that the implementation of the institute of covert investigative ((search) actions in criminal proceedings is due to changes in the structure and nature of modern criminality, which is becoming increasingly corrupt and poses a threat to the institutions of the State. Attention is drawn to the absence in current legislation of a clear list of those procedural actions which should be attributed to investigative (detective) actions performed openly or covertly. The absence of a normative definition of the list of covert investigative ( search) actions leads to discussions among scientists. An ambiguous position is observed in establishing the nature of such a procedural action as covert obtainment of samples necessary for comparative research: whether it should be considered a covert investigative (detective) action or an injunctive measure. The authors analyze the opinions of scientists on the concept and essence of the use of confidential cooperation in the course of covert investigative detective actions. The authors substantiate the necessity and expediency of defining at the regulatory level the list of procedural actions related to investigative actions, including covert ones. The authors analyze the principles which regulate the use of confidential cooperation during covert investigative (detective) actions. It is mentioned that the foundations for this were laid by the legislation on operational and investigative activity and the rules of the Code of Criminal Procedure, which determined the procedure for seizing correspondence and removing information from communication channels. The conclusions suggest that Chapter 20 of the CPC should be supplemented with an article defining investigative actions (public and covert) and providing an exhaustive list of them. Given that the use of confidential cooperation is characteristic of the entire pre-trial investigation, the procedure and rules for its use should be formulated in Article 222 of the CPC, which refers to the inadmissibility of disclosure of pre-trial investigation information.