ЗАКОНОДАВЧЕ УРЕГУЛЮВАННЯ ЗАСТОСУВАННЯ ОПЕРАТИВНО-РОЗШУКОВИХ ЗАХОДІВ ПІДРОЗДІЛАМИ НАЦІОНАЛЬНОЇ ПОЛІЦІЇ
LEGISLATIVE SETTLEMENT OF THE OPERATION AND SURVEYING MEASURES OF THE NATIONAL POLICE UNITS IN UKRAINE

Summary/Abstract: The initial analysis of the state of research of the presented area of scientific intelligence allows to state that the problem of legislative support for the application of operational-search measures in the context of the updated criminal procedural legislation of Ukraine was studied by scientists and practitioners fragmentarily, since the absolute majority of scientific works published after the 2012 Criminal Code came into force, concerned organizational and tactical features of the application of the mentioned measures in the detection and cessation of certain types of crimes, comparisons between such measures and silent investigative (search) actions, attempts to systematize legal instruments that temporarily restrict human rights and freedoms. The analysis of the provisions of national legislation and international legal acts concerning the application of operational-search measures by units of the National Police in the fight against crime in Ukraine. Variety and multi-vector of legal acts are established, which directly or indirectly regulate legal and organizational principles of application of operative-search measures. Separate provisions on the legal regulation of operational and search measures are contained in the Constitution of Ukraine, international treaties and acts, codes, laws of Ukraine. The fragmentation of legal acts, which fragmentarily regulate the legal framework for the use of operational and search measures, adversely affects the efficiency of the use of the results obtained in the field of crime prevention, which can be solved by unifying their provisions in order to uniformly apply non-public methods in accordance with European legal standards.

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