INSTITUTE OF HIDDEN INVESTAGATIVE (SEARCH) ACTIONS IN CRIMINAL PROCEEDINGS: CONCEPTUAL BASIS

The theoretical positions on the improvement of institute of hidden investigative (search) actions were substantiated in this work. Conceptual approaches to solving problems that arise in the criminal process in the direction of providing the optimal ways of using in criminal proceedings the information obtained with the usфпу of tacit forces and hidden means are offered. Analysis of content and essence of basic concepts of “hidden investigative (search) actions”, “investigative actions”, “operative-search activity” and their correlation within the limits of such institute are carried out. Scientific views on the confidentiality as a characteristic feature of the HISA were researched; legal nature and main features of investigative actions in order to properly differentiate both investigators and operational-search characteristics. Proposals were made on the procedural regulation of the preparation, conduction and usage of results of certain hidden investigative (search) actions on the example of inspecting publicly inaccessible places, home or any other possession of a person. It was proposed to introduce changes to the CPC of Ukraine in order to prove the justification of retraining by the prosecution party (by prosecutor), which ensures unconditional compliance with the requirements regarding the motivation of procedural decisions and application to all participants in the criminal proceedings of due legal procedure. Theoretical and methodological positions and conclusions about the development of the institute of hidden investigative actions in the direction of providing as a guarantee of obtaining appropriate evidence and reliable protection of human rights and freedoms were generalized. The scientific developments on the mentioned issues were analyzed. Directions of further scientific researches are outlined.