Improvement of a prosecutor’s participation in the conducting operative search cases by the units, that conduct operative search measures

Authors

  • Serhii Tikhonov
  • Viktor Vasylyncnuk
  • Serhii Vyshnevskyi

DOI:

https://doi.org/10.21564/2225-6555.2022.21.260018

Keywords:

authorized prosecutor, operative units, operative search measures, operative search actions, supervision, solicitation

Abstract

In the course of normative-legal improvement of operative search activity (further OSA) role of the Prosecutor’s Office should be extended with processual supplement of operative search cases. It would be wise to attach in the law a provision that would oblige the heads of operational units in case of fixation operational and investigative measures information about the preparation or commission of a criminal offense, immediately notify the prosecutor (who oversees compliance with the law during operative and search activities) for the acceptance the decision about making changes to the Unite register of Pre-Trial investigations (URPI).

For a prosecutor (who is informed with the operative search case since the moment of its creation) it would be much easier to find existence or absence the signs of criminal in given materials of OSA and to accept the right decision. For the investigator or processual head who do not have access to the case it would be much harder.

The proposed changes will significantly reduce the time required for the prosecutor to make a decision on the registration of information in the URPI. Also they will have an influence on quality of information and acceptance of right processual decisions including right chose of body of Pre-Trial investigation.Except that due to the mentioned before causes the prosecutor who conduct the observation of legality during OSA should be appointed as processual head or included in the group of processual heads in case if according to the criminal proceedings some information is enrolled to the URPI. Due to the fact that the relevant law provides for the supervision of prosecutors over the observance of laws by the bodies, that make OSA and according the norms and rules mentioned in the law of Ukraine about operative search activity it is necessary that proposed changes were made directly in the law, that regulate OSA.

It would be reasonable to anticipate in the Law of Ukraine about operative search activity that in order to prevent the simultaneous conducting of operational and search measures that partially restrict the human rights of one person by different subjects of operational and investigative activities, the Office of the Prosecutor General may maintain a secure register of operational proceedings.

References

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Published

2022-07-06

How to Cite

Tikhonov, S., Vasylyncnuk, V., & Vyshnevskyi, S. (2022). Improvement of a prosecutor’s participation in the conducting operative search cases by the units, that conduct operative search measures. Theory and Practice of Jurisprudence, 1(21), 82–96. https://doi.org/10.21564/2225-6555.2022.21.260018

Issue

Section

CRIMINAL PROCEDURE AND CRIMINALISTICS