LEGAL REGULATION OF OPERATIVE AND SEARCH ACTIVITY IN UKRAINE: STATUS AND PROSPECTS

Abstract

The article reveals the peculiarities of the modern legal regulation of operative and search activity in Ukraine. The state of regulatory and legal support of operative and search activity and its compliance with modern realities of combating illegal activities is characterized. An analysis of the regulatory and legal support of operative and search activity allows us to state a catastrophic situation in this area. Attention is drawn to the obsolescence of principles and approaches in the organization of operative and search activity. For clarity, examples from archival documents are given, which contain an analysis of the state of the organization of operative and search activity at the beginning of the 20th century. It is noted that for almost 100 years, the approaches in the organization of operative and search activity have not changed much. It is pointed out the obsolescence of the basic normative legal act, which regulates operative and search activity, which makes the entire departmental normative legal framework such that it does not meet the needs of modernity. In addition, the obsolescence of the regulatory and legal support for investigative activity not only reduces its effectiveness, but also contributes to illegal activity. At the same time, the problem of legal regulation of operative and search activity is not only in the number of outdated norms, but also in the very process of making changes to the legislation, which is too bureaucratized. The process of making changes to legislation is so long and complicated that the expediency of such changes is lost. Today, operative units are practically deprived of the possibility of effective use of operative research potential due to an unnecessarily complicated procedure for obtaining permission for both covert investigative (search) actions and operational research measures. Taking into account the general pace of society and the exchange of information, including for illegal purposes, it is necessary to immediately change the approaches to the legal regulation of operative and search activity, making it more flexible to changes in social relations and the development of information technologies. It is noted the inadmissibility of the perception of operative investigative activity as a secondary sphere of combating illegal manifestations and serving the needs of the criminal process. The analysis of the foreign experience of the regulation of operative and search measures and the need for its implementation in Ukraine is being carried out.