OPERATIONAL UNITS AS SUBJECTS OF CRIMINAL PROSECUTION

This article is devoted to the analysis of powers of operational units officers as subjects of criminal prosecution during pre-trial investigation. In the article author indicates that the participation of operational units officers in criminal proceedings can not be limited only by the execution of assignments of an investigator and a public prosecutor on the conduct of investigative (search) and covert investigative (search) actions. The author paid special attention to the possibility of using the results of operational and detective activities in pre-trial investigation. In article author investigates the possibility of concurrent conducting of operational-detective activity and pre-trial investigation. Thus, the author notes that, despite the fact that operational-detective activities and covert investigative (search) actions are almost the same, such similarities are not absolute, which is also confirmed by subordinate legal acts (for example, door-to-door examination by operational units officers during the inspection of place of crime in order to establish the information that can be used as evidence in criminal proceedings). As a result, the author came to the conclusion that it is necessary to amend the Article 41 of the CPC, in which it should be noted that the operational units in the criminal proceedings within the assignments can conduct not only investigative (search) actions, covert investigative (search) actions, but also other procedural actions provided for by the Law of Ukraine "On Operational-investigative activity". Author also notes that investigator may instruct the operational units to carry out a suspect's search, which is also regulated by the CCP, and should therefore be included in the forms of participation of operational units in the criminal proceedings.