THE PARTICULARS OF CONDUCTING COVERT INVESTIGATORS (RESEARCH) ACTIONS REGARDING POSTAL, TELEGRAPH AND OTHER MESSAGES TRANSMITTED THROUGH ELECTRONIC AND POSTAL COMMUNICATION NETWORKS BASED ON FOREIGN EXPERIENCE

Abstract

The article examines the specifics of conducting covert investigative (search) actions regarding postal, telegraphic and other messages transmitted by electronic and postal communication networks based on foreign experience. The right to privacy is not an absolute right. In particular, state authorities are given discretion to intervene in the exercise of this right in the manner prescribed by law and to the extent necessary to protect the values of a democratic society. A type of legitimate intervention is the conduct of covert investigative (search) actions related to messages transmitted by electronic and postal communication networks, which to one degree or another is provided for by the legislation of many modern countries. Thus, if in some countries the duration of the event is not strictly limited by time frames, but depends on the presence of conditions necessary for further control measures (Austria), then in others such restrictions are clearly established (Germany). The legislation of some prohibits the seizure of documents, including electronic ones, which are subject to the right to refuse to testify, as well as related to the provision of legal, medical, psychological and psychiatric assistance to the specified person, except for certain exceptions, if they were used to commit a criminal offense action or were the subject of a crime (Germany). In turn, the legislation of others prohibits the seizure of personal documentation and correspondence of the suspect, if the interests of protecting his personality prevail over the interests of criminal proceedings; documentation and correspondence resulting from communication between the accused and persons who have the right to refuse to be witnesses in criminal proceedings (Switzerland). The legislator of the Republic of Moldova establishes two conditions under which it is allowed to carry out secret investigative (search) actions on messages, and in Sweden, the authorities are allowed to monitor the content of mail and telecommunications only if four combined requirements are met.