Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 2786-7072 (Online); ISSN: 2786-7080 (Print)
PDF vypusk_68-253-267 Завантажень: 33, розмiр: 372.7 KB

DOI: https://doi.org/10.33994/kndise.2023.68.25

O. Malenko

In the scientific article, the author examines the theoretical and practical problems of the procedure for the investigator’s involvement of a person in confidential cooperation and conducting covert investigative (search) actions during the pre-trial investigation of corruption criminal proceedings. It also reveals the issue of the use by the defence side of the established violations in the algorithm of involving the relevant person in criminal proceedings in order to justify the inadmissibility of evidence obtained as a result of covert investigative (search) actions with the participation of the confidant.
Based on the analysis of the judicial practice of the High Anti-Corruption Court and the Appeals Chamber of the High Anti-Corruption Court, the author concluded that there is no uniform application of Article 275 of the Criminal Procedure Code of Ukraine in the activities of law enforcement agencies. Most often, investigators attract confidants by selecting an application for voluntary consent to confidential cooperation and participation in covert investigative (search) actions and the adoption of a corresponding resolution. There are cases of a decision on the participation of a confidant in criminal proceedings by the prosecutor when adopting a resolution on the conduct of covert investigative (search) actions – control over the commission of a crime (with the written consent of the person). The author has researched judicial practice in cases where the materials of criminal proceedings do not contain any procedural documents regarding the involvement of a confidant in covert investigative (search) actions and confidential cooperation.
The article stated the fact that the High Anti-Corruption Court and the Appels Chamber of the High Anti-Corruption Court ignored all violations of the prosecution regarding the implementation of Article 275 of the Criminal Procedure Code of Ukraine.

Key words: criminal proceedings, covert investigative (search) actions, use of confidential cooperation, confidant, a realization of the right to defence.