Theoretical foundations and legal regulation of operational search support of pre-trial investigation

Abstract

The article provides a comprehensive analysis of the theoretical, legal and organizational and tactical foundations of operational search support of pre-trial investigation in Ukraine. Based on the study and generalization of the approaches of scientists to understanding the legal nature and essence of operational search support of pre-trial investigation, the main problematic issues of regulatory and legal support of such activity are identified. The need to develop scientific and theoretical foundations for harmonizing the provisions of operational search and criminal procedural legislation is stated, as well as eliminating a number of gaps in legal regulation at the level of the law. Such conclusions are made on the basis of studying the purpose and tasks of operational search support in the context of both operational search activities and criminal procedural activities. Key aspects of legal regulation of that specified activity are analyzed, including legislative acts, as well as fundamental principles and legal guarantees. The forms and stages of operational search support at the stage of pre-trial investigation are characterized, as well as the specifics of the interaction of operational units with pre-trial investigation bodies, in particular their role in carrying out the instructions of investigators and prosecutors, legal aspects of information exchange and coordination of efforts. Particular attention is paid to the problems of the evidentiary value of materials of operational and investigative activities (hereinafter referred to as ORD), issues of their admissibility, procedures for legalization and use in criminal proceedings, as well as mechanisms for ensuring legality, confidentiality and protection of human rights and freedoms. The evolution of scientific views of leading Ukrainian scientists on the studied issues is traced. Current problematic issues, modern trends and prospects for the development of operational search support of pre-trial investigation are identified. The emphasis is on the importance of effective operational search support of pre-trial investigation for ensuring the legality, comprehensiveness, completeness and objectivity of pre-trial investigation.