PARTICIPATION OF THE SPECIALIST IN THE PREPARATION FOR THE SEARCH

Abstract

The article is devoted to tactical recommendations for the involvement and use of spe-cialist consulting assistance at the preparation stage for a search, particularly during its planning. Some problematic points arising at the working stage of the search are high-lighted. It was emphasized that by its essential nature, the activity of a specialist in search planning is analytical and predictive, because it requires him to evaluate a significant num-ber of circumstances and factors, and based on this, to provide consulting and reference assistance to the prosecution regarding questions, the solution of which requires special knowledge. It is substantiated that if there are sufficient grounds for the involvement of a specialist who is an employee of a state institution, enterprise, organization, etc. in the search, it is tactically more rational to initiate such a need before the investigating judge, in particular by presenting relevant arguments in the text of the request for the search. It was emphasized that this will have a positive effect on the terms of execution of the decision on searching. It will also ensure the obligation of its implementation by relevant institutions. Some errors that occur in practical activities during searches have been identified. It was found out that in practice, due to the lack of proper planning of the search, and not defining the roles and functions of its participants, the status of the participants changes, which is unacceptable, because it can lead to the recognition of the obtained evidence as inadmissible. Taking into account the practice of the European Court of Human Rights, the need for a detailed presentation of arguments regarding all mandatory details of a request for a search is substantiated. It was determined that the prospects for further scientific investigations should be the participation of specialists in conducting searches, the purpose of which is to find and ex-tract documents, including digital and computer data, as well as explosives, explosive de-vices, weapons, and ammunition.