DISCLOSING RESULTS OF THE USE OF SPECIAL (SECRET) INVESTIGATION TECHNIQUES: INTERNATIONAL STANDARDS AND PRACTICE

The article examines the peculiarities of the disclosing results of the use of special investigation techniques. The provisions of the European Convention on Human Rights, relevant international documents, as well as precedent practice of the European Court of Human Rights on the given topic are analyzed in detail. Disclosing results of the use of special investigation techniques is an important condition for their use in evidence. Accordingly, the legislator established a procedure aimed at ensuring the realization of the right to a fair trial in its procedural aspect. This provides an opportunity for the parties to the future trial to know about the evidence of each of them and to prepare the legal position that will be defended by them in the adversarial procedure of the trial. In the course of scientific research, the procedure of the use of special investigation techniques is analyzed, which by its legal nature is complex, since the prerequisite for obtaining evidence in such a case is the prior permission of authorized subjects. At the same time, attention is focused on the fact that the negative consequences in practice when applying this legal institution arise due to the fact that the subjects of classification and declassification of information usually refer to bodies other than the prosecution. The work examines international standards for the use of special investigation techniques, among which the right to review the evidence obtained using such methods is highlighted, which is a component of the right to an adversarial trial as an element of the right to a fair trial. Based on a thorough study of international documents and the practice of the European Court of Human Rights, it was found that the right to review the evidence of the opposing party is not absolute and may be limited. In particular, it is permissible to conceal evidence in order to protect the rights of other persons or important state interests. The relevant legal positions of the European Court of Human Rights on the issues of discovery of disclosing results of the use of special investigation techniques are analyzed. In the course of the research, it was found that additional guarantees of the right to a fair trial are the right to sufficient time and opportunities for the preparation of one's defense by the person accused of committing a crime. The national normative regulation and the main practice trends regarding the disclosing results of the use of special investigation techniques are studied. The evolution of the legal positions of the Supreme Court regarding the disclosing results of the use of special investigation techniques is analyzed.