Formation of the institute of non-public investigative (search) actions

Abstract

The article is devoted to the analyses of the scientific approach to create the definition of investigative actions. It is indicated that the investigative actions’ institute calls attention the scientists and the experts a great while. The discussions concerning this question during the conferences and in the scientific articles result the creation of the definition of investigative actions, the describing its principal characteristics and the difference from the other proceeding actions as cognitive actions means concerning the solving the crimes. It is called attention to the creation of the new institute of cognitive activity means during the prejudicial inquiry. A great while the solving of the crimes perpetrated in the conditions of the no obviousness by the organized groups by masked means has been made because of coordinated actions of the investigators and the detectives. The question concerning the cooperation between them, the legalization of the information received during the special investigation activities, the possibility to use it as evidences in the criminal proceeding remains opened. During the preparation of the Ukraine Criminal Procedure Code the foreign experience concerning the regulation of this question and the law enforcement authority’s practice to apply special cognitive activities means in the solving of the virulent crimes was studied. As a result of this work the Ukraine Criminal Procedure Code is completed by the new means of the collecting of the information as non-public investigative (search) actions. The legislator restricts the use field of the creation evidences’ means. It can be used only for the solving of the virulent crimes in the cases when the information can’t be received by other means, as a rule, according to the investigating judge’s decision. It is stressed that in spite of the cognitive means’ particularities and the similarity with the special search actions, these investigative actions have the other legal nature, the results of their appliance are the evidences in the criminal proceeding. It is justified the proposals for the alteration of the structure in the chapter Ukraine Criminal Procedure Code devoted to the regulation of the non-public investigative (search) actions’ institute. It is necessary to indicate which actions are the non-public investigative (search) actions and to dress the list. Today the non-existence of this list results the different interpretation when some proceeding actions are adopted as non-public investigative (search) actions.