ENSURING HUMAN AND CITIZEN RIGHTS IN THE CONDUCT OF CONFIDENTIAL INVESTIGATIVE (RESEARCH) ACTIONS RELATED TO INTERFERENCE IN PRIVATE COMMUNICATION

Abstract

The article is devoted to the topical issues of guarantees of human rights when conducting covert secret investigative (search) actions related to interference in private communication, because precisely such guarantees serve not only as a means of ensuring legality in criminal proceedings, but also as a criterion for the admissibility of using the results obtained as evidence as a result of such secret investigative (research) actions. When conducting the research, the author used a system of both general scientific and special legal tools. Thus, the method of analysis was used to single out from the array of normative provisions precisely those that relate to the system of guarantees of human and citizen rights when conducting covert secret investigative (search) actions both at the international legal and at the national level (in particular, constitutional provisions and provisions of the current of the Criminal Procedure Code of Ukraine). The synthesis method made it possible to generalize and summarize the research results. The formal-structural method was used when considering the elements of the system of peculiarities of conducting covert secret investigative (search) actions related to interference in private communication. The method of interpretation of legal definitions was used when clarifying certain concepts that were used in the publication, in particular, actual secret investigative (research) actions. As a result of the research, we found that secret investigative (search) actions related to interference in a person's private communication are those that are always associated with the restriction of human and citizen rights. Guarantees of compliance with such rights are established both at the national level (at the level of constitutional provisions) and at the international legal scale. At the same time, such guarantees contain exceptions that correspond to the norms of the current Criminal Procedure Code of Ukraine. The development at the legislative level of additional guarantees of human rights and freedoms when conducting covert secret investigative (research) actions related to interference in private communication can serve as a basis for further scientific research.