GUARANTEES OF LEGALITY OF COLLECTING EVIDENCE BY INVESTIGATIVE UNITS OF SECURITY BODIES OF UKRAINE WHEN CONDUCTING COVERT INVESTIGATIVE (SEARCH) ACTIONS IN CRIMINAL PROCEEDINGS

Abstract

The article formulates the concept of the legality of evidence collection by
investigative units of the security bodies of Ukraine when conducting covert
investigative (detective) actions in criminal proceedings as one of the principles
of this activity, which consists in strict compliance with the provisions of criminal
procedural legislation when conducting covert investigative (detective) actions. It
is noted that there is an extensive system of guarantees of the legality of evidence
collection by investigative units of the security bodies of Ukraine when
conducting covert investigative (detective) actions, which are both legal and
organizational in nature. During the study, a range of both general scientific and
special methods of cognition were applied, in particular, methods of dialectical
and formal logic: analysis, synthesis, deduction, induction, comparative, as well as
system-structural methods. Legal guarantees include: 1) general legal: the
appropriate level of legal awareness of the investigative security bodies of
Ukraine; 2) procedural guarantees: prosecutorial supervision, judicial and
departmental control over compliance with the law. Regarding the organizational
guarantees of such activities, the need for further improvement of the
organizational and staffing structure of investigative units, filling them with
qualified personnel, systematic training of investigators, further improvement of
the even distribution of the workload on each investigator, their proper material
and technical support, implementation of electronic systems for recording
criminal proceedings and document flow was emphasized.