THE STATE OF SCIENTIFIC DEVELOPMENT OF THE ISSUES OF USING THE RESULTS OF SECRET INVESTIGATIVE (DETECTIVE) ACTIONS IN CRIMINAL PROCEEDINGS

Abstract

The article emphasizes that the essence of the concept of "results of NSRD"
is revealed through their informational value for criminal proceedings and the
creation, through this property, of the ability to ensure the fulfillment of its tasks;
- the concept of "NSRD results" should be understood both in a broad (evidence
and other information) and narrow (evidence itself) meaning, which affects the
determination of directions for their use.
It is noted that it is possible to talk about procedural (proving the
circumstances provided for in Article 91 of the Criminal Code of Ukraine, as well
as proving the circumstances of an organizational-procedural nature) and
forensic (organizational-tactical support of the investigation) directions of using
the results of the NSRD. It was noted that each of the directions of using the
results of the NSRD is a fairly independent means of increasing the effectiveness
of the pre-trial investigation and, in general, the performance of the tasks of
criminal proceedings.
Attention is focused on the fact that an important aspect of the
implementation of each of the areas of use of the NSRD results is the procedural
order of their implementation, which is a prerequisite for observing the legality of
the implementation of these materials in criminal proceedings, as well as a
guarantee of the protection of the rights, freedoms and legitimate interests of its
participants. Prospective areas of further scientific research on the issue of using
the results of the NSRD in criminal proceedings should be considered the
development of the issue of the procedural order of implementation of these
results. Its solution will contribute to the effectiveness of the specified measures
and, in general, to increase the effectiveness of the pre-trial investigation in
relation to the performance of the tasks of criminal proceedings.