Results of Covert Investigative Actions and Operational Investigative Measures Related to Temporary Interference in Private Communication: Problem Issues of Use in Criminal Proceedings
, Serhiy Lashket, Leonid Shcherbyna- DOI
- 10.2991/assehr.k.211218.042How to use a DOI?
- Keywords
- interference in private communication; covert investigative actions; operative-investigative measures; use of results; criminal proceedings; evidence
- Abstract
Compliance with the set of requirements for the legality of temporary interference in a person’s private life by the authorized bodies of the state is one of the urgent scientific problems related to the protection of legitimate interests, human rights and freedoms. The use of covert methods of gathering information necessary to ensure state security, public order and solve the problems of criminal proceedings is a well-established practice of both domestic and foreign law enforcement agencies and special services. In view of this, the issue of the effectiveness of the use of results obtained through the temporary restriction of human rights during covert investigative (search) actions and operational and investigative measures, especially those related to interference in private communication, in criminal proceedings is particularly relevant. It is stated that in Ukraine the activities of authorized state bodies in the field of temporary restriction of human rights and freedoms are strictly regulated, and the use of the results of covert investigative (search) actions and operational and investigative measures related to interference in private communication in criminal proceedings, is properly controlled. At the same time, today only a relatively small number of results of interference in private communication, compared to the total number of taken covert actions and measures, are used as evidence in criminal proceedings. The study helped to identify a number of shortcomings that negatively affect the use of the results obtained during the implementation of such covert actions and measures, and to develop proposals for possible ways to eliminate these obstacles to solving the problems of criminal proceedings.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Vitalii Hrebeniuk AU - Serhiy Lashket AU - Leonid Shcherbyna PY - 2021 DA - 2021/12/18 TI - Results of Covert Investigative Actions and Operational Investigative Measures Related to Temporary Interference in Private Communication: Problem Issues of Use in Criminal Proceedings BT - Proceedings of the International Conference on Social Science, Psychology and Legal Regulation (SPL 2021) PB - Atlantis Press SP - 254 EP - 259 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211218.042 DO - 10.2991/assehr.k.211218.042 ID - Hrebeniuk2021 ER -