PROBLEMATIC ISSUES WHEN GRANTING A PERMIT TO MONITOR THE COMMISSION OF A CRIME

Abstract

The relevance of the topic of scientific research is determined by the increased demand of Ukrainian society for effective justice, so that everyone who commits a crime in the conditions of war should suffer a fair punishment for it, which, in turn, cannot be ensured without proper procedural processing of the evidence that substantiates the guilt of the offender . Thus, the general, without clear regulation of the wording regarding the procedural registration of secret investigative (search) actions, the absence of a defined procedure for carrying out and using their results, determine the recognition of the obtained information as obtained as a result of a significant violation of human rights and freedoms and is subsequently inadmissible evidence. The article is devoted to practical problematic issues that arise for the prosecutor when granting permission to conduct one of the most effective and widespread types of covert investigative (search) actions in today's conditions, provided for in Article 271 of the Criminal Procedure Code of Ukraine, namely control over the commission of a crime. The judicial decisions of the Supreme Court regarding the recognition of evidence obtained as a result of the covert investigative (search) actions as not meeting the requirements of the criminal procedural legislation have been analyzed. In particular, after examining the judicial practice regarding the recognition of inadmissibility of evidence that was obtained during a pre-trial investigation with a significant violation of the Code of Criminal Procedure of Ukraine, obtained during the conduct of undercover investigative (search) actions, namely the reasons and prerequisites that contributed to this, it is proposed to enshrine in the Code of Criminal Procedure of Ukraine an exhaustive a list of the grounds that the prosecutor should be guided by when granting permission to monitor the commission of a crime, noting at the same time from which official sources information should be obtained regarding the absence of provocation to commit a crime; use of special simulation tools; information about the person (persons), place or thing, in respect of which an undercover investigative (search) action will be conducted; the beginning, duration and purpose of the secret investigative (search) action; information about the person (persons) who will conduct an undercover investigative (search) action. An alternative option for obtaining a permit for control over the commission of a crime when taking a complex of covert investigative (search) actions for one person from an investigating judge is also proposed.