Kolessnyk I. Investigative and Covert Investigative (Detective) Actions as Forensic Means of Investigator's Activity in Pre-Trial Investigation.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U003363

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

30-05-2016

Specialized Academic Board

K 26.122.01

Essay

On the ground of determination of theoretical and legal principles, applying state of investigative (detective) actions in criminal proceedings, today's opportunities to apply the said actions by pre-trial investigative bodies as forensic means of collecting evidence were ascertained. Historical aspects of investigative actions establishment in the system of forensic means of criminal procedural proving were disclosed and their classification was reasoned. There were distinguished general conditions and tactical demands to carrying out investigative actions, authorities of officials to make decision, coordinate, grant permission and perform investigative actions directly. The place of forensic examination in the system of procedural means was defined and objections regarding its reference to investigative actions were reasoned. The special attention is paid to classification, determination of subjects making decisions and carrying out covert investigative (detective) actions, recording of their results. There were suggested some amendments to CPC of Ukraine, which specify authorities of an investigative judge and head of pre-trial investigation body, order of giving assignments of an investigator or a prosecutor to authorized operational department to conduct a covert investigative (detective) action and to record its results. There were suggested some recommendations concerning conducting particular investigative actions for their further appliance in pre-trial investigation practice.

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