Shylo A. The Use of Information Obtained from the Covert Investigative (Search) Activities in the Criminal Proceedings.

The thesis contains a comprehensive research of the problem of the use of information obtained from the covert investigative (search) activities in the criminal proceedings. It has been established that the information obtained from the covert investigative (search) activities is a form of criminal procedural information, with a legal nature represented in a number of characteristics: (a) specific (covert) conditions when it was obtained; (b) has a classification marking; (c) extra (double) security level of certain blocks of information; (d) special protection against unlawful disclosure and misuse; (e) monopoly of the prosecution in obtaining and determining evidentiary value; (f) difficulty of obtaining; (g) multifunctionality in use. Considering the current statutory regulation and law enforcement practice , the following areas of use of the results of covert investigative (search) activities in the criminal proceedings have been identified: (1) for proving the circumstances under Art. 91 of the Criminal Procedure Code, in the same criminal proceedings during which they were received; (2) for entering information into a Unified Register of Pre-Trial Investigations; (3) for the use in another criminal proceeding; (4) when applying measures to ensure criminal proceedings; (5) when deciding on the expediency and justification of open investigative (search) activities (in particular, searches, inspections); (6) when deciding on the expediency and justification of conducting other covert investigative (search) activities; (7) when considering complaints about the decision, action or omission of the investigator or prosecutor by the investigating judge; (8) when deciding on permission to conduct a special pre-trial investigation; (9) in order to ensure the safety of the parties to a criminal proceeding; (10) as the basis to institute an operative-investigative or counterintelligence case; (11) for the detection of a suspect, accused. Certain areas of potential use of the results obtained from the covert investigative (search) activities have been analyzed; the problems of law enforcement arising during their use have been considered; the proposals aimed at improving the legal regulation and enforcement in this area have been suggested.