Юридичний часопис Національної академії внутрішніх справ (Mar 2023)
Legislative Regulation of Operational and Investigative Activities: Problems and their Solutions
Abstract
The purpose of the study is to make proposals for improving the legislative regulation of operational and investigative and other activities of operational units of law enforcement agencies of Ukraine. Methodology. The methodological basis of the study is a dialectical-materialist method of scientific knowledge of socio-legal phenomena, as well as general and special methods of legal science, in particular: system-structural – to determine the content of the studied categories and legal phenomena, including the formation of conceptual and categorical apparatus. the direction of research in general, a comprehensive analysis of the provisions of regulations and the formation of a system of proposals for reforming legislation, the formation of a system of proposals for the use of foreign experience in Ukraine; comparative law and comparative – for a comprehensive analysis of domestic legislation and bylaws, international law, which constitute the legal basis of the ORD; logical and legal (dogmatic) – in the development of the conceptual apparatus, the formulation of proposals for changes and additions to legislation; statistical – for the analysis of the studied materials of ORS, criminal proceedings, results of questionnaires; sociological (questionnaires, interviews, surveys) – to study the opinions of practitioners, to determine the effectiveness of certain legal institutions. Scientific novelty. It is substantiated that the main problem of legal regulation of the activities of operational units of law enforcement agencies of Ukraine is the lack of system. Providing such a system is quite possible by making changes and additions to the legislation. The concept of reforming the legislative regulation of operational units of law enforcement agencies of Ukraine should consist of interrelated elements that provide changes and additions to the legislation in three areas of regulation of public relations: criminal procedure (detailed regulation of operational units in the CPC with significant expansion of their powers including in terms of ensuring the safety of persons who confidentially cooperate with the pre-trial investigation bodies); operational-investigative (legislative regulation of clear grounds for initiative activities of operational units to detect the preparation and commission of crimes, as well as an independent, with a clear comprehensive legal definition, ARI system with their differentiation depending on the subject of authorization, taking into account those that the operative may without any permits and approvals); in the field of protection of state secrets (comprehensive regulation in the Law of Ukraine "On State Secrets" of legal relations related to the conspiracy of operational units and other internal structures of those state bodies that need it). Conclusions. In order to provide a systematic mechanism of legal regulation of operational and investigative activities of operational units of law enforcement agencies of Ukraine, changes and additions to the legislation are needed. Determining the nature of these changes can be done within different approaches, differentiated by their level. At the highest, strategic level, deep transformation is subject to legislative regulation of the whole complex of public relations related to the fight against crime by law enforcement agencies, including ORD, criminal proceedings, protection of state secrets. The tactical level corresponds to the introduction of scientifically sound proposals to resolve issues of operational and investigative activities. The best option for improving the legislative regulation of the operational units of law enforcement agencies of Ukraine is to introduce a tactical level of reform with a gradual transition to strategic.
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