PROCEDURAL ERRORS OF THE INVESTIGATOR DURING A SEARCH: CERTAIN ASPECTS

Abstract

The article is devoted to the study of procedural errors of the investigator and the norms of current legislation regarding the procedure for conducting a search. The author analyzed the theoretical and practical aspects of searching a person’s home or other property. The scientific article states that the inviolability of the home is a right guaranteed by the state for every person, however, under certain conditions, such a right may be limited in the manner established by law. The scientific article proposes amendments and additions to the provisions of Article 236 of the Criminal Procedure Code of Ukraine with a further explanation of Clause 11 of the said Article in the following wording: “If a search is conducted of a home or other property of a person who has the status of a lawyer and such a person claims to carry out his professional activities at the address of the search, the lawyer is obliged to document the fact of carrying out professional activities at the address of the search, otherwise the guarantees of the lawyer’s activities will not be violated”; 2) Clause 12 of Article 236 of the Code of Criminal Procedure of Ukraine to be worded as follows: “In order to prevent restrictions or violations of the guarantees of legal activity within the framework of a search during the initial inspection of mobile phones, computer equipment and other technical devices used by a lawyer in his professional activities, such an inspection must be carried out by the investigator with the participation of a representative of the regional bar association”; 3) to add the following paragraph to Part 3 of Article 236 of the Code of Criminal Procedure of Ukraine: “A break-in into a person’s home or other property shall be considered to have begun only if technical means of recording the investigative action are used and the investigator is given a copy of the investigating judge’s decision granting permission to conduct a search to the person specified in this article, and in the absence of such a copy, a copy of the investigating judge’s decision is left in a prominent place”. The above provisions should properly protect the investigator from making procedural errors and ensure a more stable system of guarantees of legal activity.