THE DIRECTIONS OF IMPROVEMENT OF THE MECHANISM OF THE PROVISION OF HUMAN RIGHTS IN CONDUCTING OF THE SECRET INVESTIGATIVE (SEARCH) ACTIONS

In the article the directions of the improving of the mechanism of the ensuring of human rights in the conducting of the secret investigative (search) actions are considered. It has been determined that the first important direction of improvement of the mechanism in the field of ensuring human rights in conducting of these actions should become the development of the theory and science of criminal procedural law. It is determined that any activity, including criminal procedural, can develop only through the using of science and its research. The science of the criminal process is one of the branch legal sciences, which manifests itself as a knowledge of the criminal procedural procedure and produces the theoretical and methodological basis of criminal procedural activity, legal and legislative regulation of it. The second important direction in improving of the mechanism of the ensuring of human rights during the SISA should be the completion of legal and judicial reform, which began in 1992 with the adoption by the Verkhovna Rada of Ukraine of the Resolution «About the Concept of Judicial and Legal Reform in Ukraine». The main purpose of the Concept was the realization of democratic ideas of justice, developed by world practice and science, as well as guaranteeing the right of a citizen to review his case by a competent, independent and impartial court. The constitutional and legal reform of justice aims at solving a number of issues that will promote both the harmonization of legislation and the improvement of the mechanism of the ensuring human rights during the conduct of the SISA. These issues include: introduction of professional advocacy in the courts, a substantial change of the principles of justice, requirements for judges, the procedure for appointing and dismissing judges from office, guarantees for the legal status of judges, the issue of judicial immunity, re-certification of judges and their qualification assessment, and the creation of the Supreme Anticorruption Court. Another important direction of the improving of the mechanism of human rights in conducting of the SISA is the introduction of the practice of the European Court of Human Rights. The appropriate conclusions are made.