СHARACTERISTICS OF CONDUCT OF INVESTIGATIVE (SEARCH) ACTION PROVIDED FOR BY ART. 245-1 OF THE CRIMINAL CODE OF UKRAINE, DURING THE INVESTIGATION OF VIOLATIONS OF ROAD SAFETY RULES OR VEHICLE OPERATION.

Abstract

The article examines procedural and tactical features of the new
investigative (search) action enshrined in Article 245-1 of the Criminal Procedure
Code of Ukraine dated March 15, 2022, namely the taking of evidence of technical
devices and technical means that have the functions of photo, film, video
recording, or photo, film, video recording , during the pre-trial investigation of
violations of traffic safety rules or transport operation. It was established that the
subjects of the investigative (search) action provided for in Art. 2451 of the
Criminal Procedure Code of Ukraine, there is an investigator, a prosecutor. The
current state and prospects of the use of the investigative (search) action
provided by Article 2451 of the Criminal Code of Ukraine, during the investigation
of the investigated category of criminal offenses. The advantages of using the
investigative (detective) the action enshrined in Art. 2451 of the CPC of Ukraine. It
was concluded that the use of this investigative (search) action during the
investigation of violations of the rules of road traffic safety or the operation of
transport increases the effectiveness of the pre-trial investigation on «hot leads»,
because it gives the right to receive such information directly from the owner or
the owner of the relevant devices or means necessary for elucidation of
circumstances that are important for criminal proceedings, without obtaining a
decision of the investigating judge on temporary access, but according to the
decision of the investigator, the prosecutor.