CONCERNING ISSUES OF ORGANIZATION OF COVERT INVESTIGATIVE (SEARCH) ACTIONS IN INVESTIGATION OF CRIMINAL OFFENSES UNDER MARTIAL LAW

Abstract

The article examines some aspects of the organization of undercover investigative (search) actions (hereinafter referred to as NSRD) in the investigation of criminal offenses, including under martial law. Current problematic issues related to the organization of the NSRD and the possibilities of simplification and optimization for the perfect investigation of criminal offenses (crimes), including at the present time under martial law conditions, are considered. The views of scientists regarding the specified aspect of illegal (criminal) activity in general, as well as in the conditions of the current situation in Ukraine, are considered. On the basis of the study of scientific opinions and conclusions of scientists, the practice of operational units of the National Police of Ukraine, the main issues, if not inhibitions, then slippage of the process of high-quality operational organization of the NSRD, have been determined. In particular: – legal restrictions on the initiative of operative units to organize the NSRD (especially in the context of time constraints) required for a quick investigation of a criminal offense (crime); – procedural limitations of the initiative of operational units to organize the NSRD in any realities of today (martial law), but too necessary for a quick investigation of a criminal offense (crime); – organizational (actually bureaucratic) delays or obstacles in agreeing documentation on decisions and obtaining permission to conduct NSRD. The author states that the organization of the NSRD needs legislative improvement.