Stages of Operational Investigative Activities

Abstract

Improvement of normative legal regulations of stages of operational investigative activities always was in the center of attention as authorities, as scientists. This makes actual the conducting of fundamental research. The definition and argumentation of the distribution of operational investigative activities at the stage, the ways of improvement in terms of modern changes to regulatory and legal acts, justifies the relevance of this article.The purpose of the article is to develop and publish recommendations, changes and additions to the normative and legal acts with improvement the role of the prosecutor during conducting operative-search cases by units that do operational investigative activities. During the research, we used a complex of scientific methods: systemic, formal-dogmatic (legal-technical), comparative-legal, analysis, synthesis, induction and deduction. Special literature was studied, the Law of Ukraine “On the Operational Investigative Activities,” Criminal Procedure Code of Ukraine, practice of judgement, and also we consulted with experts. After the research, a holistic view of the Ukrainian model of the stages of operational investigative activities was presented.The stage of operational investigative activities is a period during which the authorized operational units in accordance with the requirements of regulatory and legal acts search for and record information on the verification of a criminal offense, upgrade the acquisition of operational information, conduct operational proceedings and operational-investigative support of criminal proceedings in order to fulfill the tasks of operational investigative activities and criminal justice.Based on the results of the conducted research, it is proposed to improve the operative investigative legislation by determining the grounds for conducting operational investigative measures prior to the issuance of the decision of the investigating judge; operational support of criminal proceedings; to provide for the carrying out of operational investigative measures in special conditions, where the subjects of operational investigative activities can carry out operational investigative measures without a decision of the investigating judge in relation to a person, place or thing located in a temporarily occupied territory or a territory where state authorities are temporarily not exercise their powers; for all subjects of operational investigative activities in operational proceedings regarding the recording of information on particularly serious crimes, it is advisable to provide for the possibility of extending the terms up to 5 years.Prospects for further research should be the development of information and analytical support for the stages of operational investigative activities.