THE VALUE OF OPERATIVE INVESTIGATIVE ACTIVITY FOR THE IMPLEMENTATION OF THE TASKS OF CRIMINAL PROCEEDINGS

Abstract

The article is devoted to the study of legal nature and the ratio of operational-search activity and criminal proceedings. the purpose of the scientific article is to clarify the value of the operational-search activity for the implementation of the tasks of criminal proceedings, which provides for the definition of the legal nature and role of the operational-search activity both in the field of criminal proceedings and outside of it. The subject of the study includes a number of problems, in particular: 1) the possibility of carrying out operationalsearch activities outside the field of criminal proceedings; 2) the ratio of operational-search activity and vowel and unspoken detective actions in criminal proceedings; 3) the legal nature of operational-search activities in the field of criminal proceedings; 4) compliance of the authorities conducting operational-search activities and operational units in criminal proceedings, etc. It is substantiated that the reform of the criminal justice system in Ukraine should take place synchronously with the reform of operational-search activity, which has an important security value for criminal proceedings, since it acts as a means of collecting and recording information necessary for the detection and disclosure of criminal offenses, as well as criminal liability of persons who committed them. The arguments in favor of separation of search activity from intelligence and counterintelligence and its acquisition of a procedural nature within the framework of pre-trial investigation are presented. This will allow to integrate operationalsearch activities into criminal proceedings. The need to improve the status of pre-trial investigation bodies is also justified: turning investigative units in all pre-trial investigation bodies into detective units, and investigators into detectives, which will allow them to combine investigative and operational functions.