CONCEPT AND CONTENT OF FACTUAL GROUNDS FOR CONDUCTING INVESTIGATIVE (SEARCH) ACTIONS

The article deals with the issue of factual grounds for conducting investigative (search) actions during a pretrial investigation in criminal proceedings. An analysis of national criminal procedural legislation, which regulates the procedure and grounds for conducting investigative (search) actions, is carried out. The author offers an opinion according to which the establishment of information that forms the basis of a decision to conduct an investigative (search) action, as well as the assessment of their sufficiency, depend on a number of components: the formulation of the basis of the investigative (search) action in the law, which may contain an indication of the need substantiation of the investigative (search) action with any data; from the degree of limitation of the rights and freedoms of the trial participants by the action of the investigator; from the procedural status of a participant in a pretrial investigation, in respect of which an investigative (search) action is being conducted; from the requirements of the law regarding the execution of a decision to conduct an investigative (search) action (the need to issue a motivated resolution, judge's decision). The diverse nature of the interpretation of the factual grounds for conducting investigative (search) actions is explained by the uncertainty of the position of the legislator himself. We believe that the category «ground» should have a fairly clear meaning; the basis cannot be determined by the purpose of the investigative (search) action, and therefore, it is necessary to formulate it in the law in an appropriate manner in relation to the conduct of all investigative (search) and other procedural actions. The author does not agree with the position according to which the actual grounds for conducting an investigative (search) action can be established exclusively by evidence obtained in the manner prescribed by the criminal procedural law. The author's definition of the factual grounds for conducting investigative (search) actions is proposed, which means the presence of sufficient factual data obtained as a result of procedural actions, during which a statement (notification) about a committed criminal offense was received, items and documents were seized (temporary access to things and documents, detention), received other evidence (investigative (search), secret investigative (search) actions) and make it possible to reasonably believe that during such an investigative (search) action, new or confirmed existing evidence will be obtained, which has significance for criminal proceedings.