Covert investigative (detective) actions as an object of forensic research

Abstract

In the article it has been emphasized that during the pre-trial investigation of criminal offenses, the main working tool of the investigator and inquirer is evidence, with the help of which evidence is collected, verified and evaluated. It is substantiated that one of the means of evidence in criminal proceedings is covert investigative (search) actions. It has been emphasized that evidence is the object of research not only of the science of criminal process, but also of criminology. It has been found out that the effectiveness of activities for collecting, verifying and evaluating evidence directly depends on the choice of the correct tactics for applying evidence, the use of modern technical and forensic means of detecting, fixing, extracting and studying evidentiary information, programming pre-trial investigation, etc. The relevance and timeliness of revealing the essence and features of covert investigative (search) actions as means of evidence through the prism of the object of forensic investigation has been proven by solving the following tasks: conducting an analysis of scientific approaches to defining the concept and essential features of covert investigative (search) actions; clarifying the role of covert investigative (search) actions in the process of proving evidence in criminal proceedings; identifying promising areas of forensic research into covert investigative (search) actions. Using dialectical, system-structural and formal-logical methods, it has been established that covert investigative (search) actions are a type of procedural actions that are carried out confidentially by authorized entities on the grounds and in the manner specified by criminal procedural legislation, in order to collect evidence in criminal proceedings. It has been established that the main features of covert investigative (search) actions are their affiliation with procedural actions and means of proof; carrying out by authorized entities, using covert methods in exceptional cases on the grounds and in the manner specified by criminal procedural legislation; connection with the restriction of human rights and freedoms. It has been argued that covert investigative (search) actions are the object of forensic research. Promising directions of forensic research of covert investigative (search) actions have been identified.