STAGES OF PREPARATION FOR CONDUCTING AN COVERT INVESTIGATIVE ACTIVITIES IN THE PROCESS OF INVESTIGATING CRIMES COMMITTED BY MILITARY OFFICIALS DURING MILITARY ACTION ANU

Abstract

The article states that preparation for conducting an covert investigative activities during the investigation of crimes of greed committed by military officials during martial law includes the following stages: determining the conditions for conducting an covert investigative activities (the existence of a crime of greed committed by a military official; the possibility of determining the severity of the mercenary military crime (the availability of information that makes it possible to classify the crime under the Criminal Code of Ukraine at the time of the covert investigative activities and the fact that the crime is serious or particularly serious); the possibility of determining whether the perpetrator of the operationally significant behaviour belongs to the category of military personnel or military officials; the possibility of obtaining evidence exclusively through the conduct of covert investigative activities; the existence of a specific situation that necessitates the conduct of a specific covert investigative activities (the existence of an established operational-tactical situation and the receipt of confirming information about the commission of a mercenary military crime in a specific manner); the possibility of recognising the facts obtained as a result of conducting covert investigative activities as evidence in criminal proceedings (the existence of confirming operational information or already recognised evidence obtained as a result of conducting other investigative actions; the admissibility of specific evidence in specific criminal proceedings); identification of a person or other object of covert investigative activities (availability of confirmed information that this person (persons) committed a mercenary war crime; possibility to individualise objects that will be targeted by covert investigative activities – premises, means of communication, computers, etc.); deciding on the type of covert investigative activities to be conducted; determining the entity conducting the covert investigative activities (assessing the investigator’s ability to perform specific actions during the covert investigative activities; the availability of legal and technical capabilities at another entity to which the investigator may assign the task of conducting the covert investigative activities); creating conditions conducive to conducting covert investigative activities (these conditions can be provided both by investigators, employees of the operational unit that initiated the covert investigative activities (which was assigned to conduct the covert investigative activities), and directly by employees of the ‘specialised’ operational unit (which was assigned to conduct the covert investigative activities).