Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to Carrying out Secret Investigative (Search) Actions
The author of the article provides a retrospective analysis of the provisions of legislative acts of Ukraine, decisions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as some national criminal procedural legislation and departmental regulations on legal ground...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Ukrainian |
| Published: |
Kharkiv National University of Internal Affairs
2020-09-01
|
| Series: | Bulletin of Kharkiv National University of Internal Affairs |
| Subjects: | |
| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/299 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832573864148729856 |
|---|---|
| author | O. O. Yukhno |
| author_facet | O. O. Yukhno |
| author_sort | O. O. Yukhno |
| collection | DOAJ |
| description | The author of the article provides a retrospective analysis of the provisions of legislative acts of Ukraine, decisions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as some national criminal procedural legislation and departmental regulations on legal grounds for procedural activities and interaction of operative units to execute written instructions of interrogators, investigators, prosecutors on investigative (search) actions and secret investigative (search) actions. The author has made a retrospective analysis of the introduction of this amendment to the Criminal Procedural Code of Ukraine since 2012, as well as the legal grounds for its use in pre-trial investigation and has focused on the conclusions about its significant prevalence in law enforcement activities of pre-trial investigation, and in connection with recent amendments in the legislation also in the initial practice of the inquiry agencies of the National Police of Ukraine. The author researched positions of scholars and representatives of scientific schools in relation to the conceptual apparatus and the essence of the concept of “interaction” in general, as well as “interaction” between pre-trial investigation and inquiry agencies and operative police units in this direction. Special attention has been paid to the study of the peculiarities of forms of interaction and its subjects in criminal proceedings, as well as the existing legislative and practical issues concerning the compliance with operative deadlines of police orders of interrogators, investigators and prosecutors and has suggested the ways to solve them in practice and, in particular, at the legislative level.
Additionally, it has been established, substantiated and focused on theoretical and applied improvement of the use of such a feature in law enforcement activities that operative staff, in carrying out written instructions of interrogators, investigators and prosecutors on the conduction of investigative and secret investigative actions, has procedural rights of the investigator and interrogator. Based on this, the author also offers propositions and recommendations in this area. |
| format | Article |
| id | doaj-art-daad0cb39193449da75fa93e568dc682 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2020-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-daad0cb39193449da75fa93e568dc6822025-02-02T02:46:13ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2020-09-0190325526510.32631/v.2020.3.25299Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to Carrying out Secret Investigative (Search) ActionsO. O. Yukhno0Kharkiv National University of Internal AffairsThe author of the article provides a retrospective analysis of the provisions of legislative acts of Ukraine, decisions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as some national criminal procedural legislation and departmental regulations on legal grounds for procedural activities and interaction of operative units to execute written instructions of interrogators, investigators, prosecutors on investigative (search) actions and secret investigative (search) actions. The author has made a retrospective analysis of the introduction of this amendment to the Criminal Procedural Code of Ukraine since 2012, as well as the legal grounds for its use in pre-trial investigation and has focused on the conclusions about its significant prevalence in law enforcement activities of pre-trial investigation, and in connection with recent amendments in the legislation also in the initial practice of the inquiry agencies of the National Police of Ukraine. The author researched positions of scholars and representatives of scientific schools in relation to the conceptual apparatus and the essence of the concept of “interaction” in general, as well as “interaction” between pre-trial investigation and inquiry agencies and operative police units in this direction. Special attention has been paid to the study of the peculiarities of forms of interaction and its subjects in criminal proceedings, as well as the existing legislative and practical issues concerning the compliance with operative deadlines of police orders of interrogators, investigators and prosecutors and has suggested the ways to solve them in practice and, in particular, at the legislative level. Additionally, it has been established, substantiated and focused on theoretical and applied improvement of the use of such a feature in law enforcement activities that operative staff, in carrying out written instructions of interrogators, investigators and prosecutors on the conduction of investigative and secret investigative actions, has procedural rights of the investigator and interrogator. Based on this, the author also offers propositions and recommendations in this area.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/299power of attorneyan interrogatoran investigatora prosecutoran operativepublic investigative (search) actionssecret investigative (search) actionsa legislatorinteractionscientific positionclassificationdiscussioninvestigationcriminal proceedings. |
| spellingShingle | O. O. Yukhno Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to Carrying out Secret Investigative (Search) Actions Bulletin of Kharkiv National University of Internal Affairs power of attorney an interrogator an investigator a prosecutor an operative public investigative (search) actions secret investigative (search) actions a legislator interaction scientific position classification discussion investigation criminal proceedings. |
| title | Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to Carrying out Secret Investigative (Search) Actions |
| title_full | Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to Carrying out Secret Investigative (Search) Actions |
| title_fullStr | Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to Carrying out Secret Investigative (Search) Actions |
| title_full_unstemmed | Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to Carrying out Secret Investigative (Search) Actions |
| title_short | Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to Carrying out Secret Investigative (Search) Actions |
| title_sort | legal principles of procedural activity and interaction of employees of operative divisions at execution of instructions of interrogators investigators prosecutors in regard to carrying out secret investigative search actions |
| topic | power of attorney an interrogator an investigator a prosecutor an operative public investigative (search) actions secret investigative (search) actions a legislator interaction scientific position classification discussion investigation criminal proceedings. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/299 |
| work_keys_str_mv | AT ooyukhno legalprinciplesofproceduralactivityandinteractionofemployeesofoperativedivisionsatexecutionofinstructionsofinterrogatorsinvestigatorsprosecutorsinregardtocarryingoutsecretinvestigativesearchactions |