LEGAL GROUNDS FOR CONDUCTING INVESTIGATIVE (SEARCH) ACTIONS

The article deals with the issue of legal grounds for conducting investigative (search) actions during pre-trial investigation in criminal proceedings. Since the correct and clear definition of the legal basis for conducting investigative (search) actions ensures the possibility of using the results of any action during evidence in criminal proceedings. An analysis of the national criminal procedural legislation, which regulates the legal grounds for conducting investigative (search) actions, is carried out. The positions of scientists were considered, which include the presence of information entered in the EDDR as the legal grounds for conducting investigative (search) actions in criminal proceedings, since only after such entry, the law allows the use of procedural coercion measures and the conduct of investigative (search) actions; presence of the investigator (investigator) with legal powers to conduct an investigation and conduct investigative (search) actions; consider a certain legal fact that gives rise to the right (obligation) of the investigator to take the appropriate action; as a fact of a formalized decision on its implementation, as required by law and properly formalized resolutions of investigative bodies. It is noted that it is necessary to distinguish between legal and procedural grounds for conducting investigative (search) actions. It is indicated that the importance of the legal basis for conducting investigative (search) actions is clearly demonstrated by the example of covert investigative (search) actions, as a type of investigative (search) actions. Since for a long time they existed only as operative-search measures, and only the current CPC of Ukraine in 2012 introduced them into the system of investigative (search) actions. It was concluded that the system of investigative (search) actions has a tendency to expand, and the legal literature constantly discusses the possibility of including new investigative (search) actions into it, which is due to the needs of the practice of pre-trial investigation and new possibilities of scientific and technical progress. It is also stated that the legal grounds for conducting investigative (search) actions may be of an imperative nature.