| (2019) 1 Visn. Nac. akad. prokur. Ukr. 87–100 | |
| https://doi.org/10.34285/visnyknapu2019.01.087 | |
| Title of the article | Evolution of the Institute of Investigative (Search) Actions |
| Author(s) | YEVHEN LUKIANCHYKOV Doctor of Law, Professor, professor, department of information law and intellectual property rights, National Technical University of Ukraine “Igor Sikorsky Kyiv Polytechnic Institute”, Kyiv, Ukraine, edl1947@bigmir.net BORYS LUKIANCHYKOV PhD in Law, Docent, senior lecturer, department of prosecutor’s training on procedural guidance and forensic providing of pre-trial investigation, Special Training Institute, National Prosecution Academy of Ukraine, Kyiv, Ukraine, boryn@bigmir.net |
| Short title of the journal (ISSN) |
Visn. Nac. akad. prokur. Ukr. |
| Year | 2019 |
| Issue | 1 |
| Pages | [87–100] |
| Language | Ukrainian |
| Abstract | The first references to ways of establishing the circumstances of the offense and those who committed it are contained in the rules of substantive law. They were associated with the use of such methods of cognitive activity as review and reception of verbal information. The procedural order of such actions, the range of people who were able to hold them still was not defined at the legislative level. The next stage was the adoption of the Statute of the Criminal Proceedings of 1864, which outlined the powers of both the investigator and the police to collect information about the circumstances of the crime. For the first time in the normative document, the police have the right to collect the necessary information by secret methods during the inquiry. Hence, the inquiry was considered not as a procedural activity, but as a service activity of the police, or as an activity involving two components: an unclassified one, such as a contemporary operative and investigative activity and a procedural one. At the same time, police were forbidden to conduct searches and deportations in homes, since such actions were the responsibility of an investigating judge or prosecutor. However, in cases of unacceptable delays, the police were empowered to conduct all investigative actions, such as: inspection, examination, search, withdrawal. The next step in the normative regulation of investigative actions as a means of cognitive activity in investigating crimes was the adoption of criminal procedural codes of 1922 and 1960. Despite the lack of an independent section devoted to investigative actions, individual chapters contained rules governing the conduct of related investigative actions: questioning of witnesses and experts, search and seizure, examination and education. Purpose of the article – to find out the essence of investigative (search) actions in general and their variety – secret investigative (search) actions, the definition of their place in the system of means of forming judicial evidence, the study of the process of their normative consolidation at different stages of the creation of legislation governing criminal procedural activity. Substantial changes in the regulation of the institute of investigative (search) actions took place in connection with the adoption of the CPC of Ukraine in 2012. According to the procedure, the investigative actions are divided into two groups: vowel and secret. In order to enhance the guarantees of non-interference in the private life of a person, a special procedure for carrying out a secret investigative (search) actions, the vast majority of which are carried out at the request of the investigator, agreed with the prosecutor, and with the permission of the investigating judge. The author has analyzed the definition of the term “investigative actions” in the criminal procedural law. It was noted that at the initial stage of regulation of such activity were common the concepts: “interrogation”, “search”, “withdrawal”, “police search”. Over time, appears the concept of “investigative actions”, but its definition in the law is not fixed, which becomes the subject of scientific discussion. During the development of the science of the criminal process and forensics, the definition of investigative actions has been formed, as well as in an independent group, it is carried out activities hidden from persons, who are not directly involved in a particular criminal proceeding. We can come to the conclusion that today the process of improving the means of cognitive activity in investigating crimes should take place on the basis of studying and generalizing the practice of European countries and post-soviet countries with the study of historical experience of regulatory regulation of such activities in Ukraine. |
| Keywords | crime; means of cognitive activity; investigation; methods of cognition; investigative (search) actions; procedural actions; data; information; search. |
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