Право і безпека (Dec 2021)
About subjects authorized to carry out investigative (search) actions restricting the invalidity of the housing or other personal ownership
Abstract
The main authorities that act during the investigative (search) actions at the stage of pre-trial investigation, their criminal procedural functions are identified, and it is highlighted the problems that require further legislative improvement of the functional activities of each of these entities (investigator, interrogator, prosecutor, person authorized to conduct a pre-trial investigation). Emphasis is placed on the fact that the form of domestic criminal proceedings enshrined in the current Criminal Procedure Code of Ukraine, built on the basis of constitutional principles of adversarial proceedings and equality of arms, has necessitated the introduction of delimitation of such concepts as "subjects of investigative (search) actions that limit the inviolability of the housing or other property of a person" from the general concept of "participants in investigative (search) actions" in order to prevent any violations of the constitutional rights of all participants in criminal proceedings by the authorities of criminal proceedings. It is concluded that the subjects of investigative (search) actions that limit the inviolability of housing or other property of a person should be defined as persons who on the basis and in the manner prescribed by the criminal procedure legislation of Ukraine, enter into procedural legal relations in connection with conducting a set of cognitive and investigative actions related to the penetration of housing or other property of a person to obtain and verify evidence and information about them. The subjects of investigative (search) actions that limit the inviolability of housing or other property of a person are systematized according to such criteria as the functions they perform and their procedural interest.
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