This dissertation is dedicated to a comprehensive theoretical and applied study of the features of conducting control over the commission of a crime as a set of special measures carried out by law enforcement agencies to monitor, detect, prevent, and document the criminal activities of individuals suspected of committing criminal offenses.
The research analyzes the current state of the study of the peculiarities of controlling criminal activities, the problems related to the use of results obtained from such control, and the protection of the rights of participants in the criminal process. It identifies a pressing need to address several theoretical and practical issues related to clarifying: the concept and essence of controlling the commission of a crime in Ukrainian criminal procedural legislation; the grounds and methods for conducting such control; forms of crime control; problems of using the results of crime control; the legal positions of the European Court of Human Rights regarding crime control; and the international aspects of protecting human rights during crime control.
The content and essence of crime control as one of the types of covert investigative actions are explored. Crime control is a set of special measures carried out by law enforcement agencies aimed at monitoring, detecting, preventing, and documenting the criminal activities of individuals suspected of committing criminal offenses. This involves both overt and covert methods, such as operational-investigative measures, the use of technical means, surveillance, controlled operations (controlled delivery, purchases), the involvement of agents, etc. Control also includes measures such as covert surveillance and participation in events related to the preparation or commission of a crime to gather information about the crime and its participants. This process is aimed at documenting events, intervening promptly to prevent a crime, and collecting evidence for further criminal proceedings.
The secret nature of the control allows law enforcement to obtain objective evidence without the knowledge of suspects, minimizing their influence on the information-gathering process. Crime control enables effective investigation of complex crimes, including organized crime. The dissertation separately analyzes the problems associated with the use of the results of such covert actions, including legal, procedural, and ethical challenges that arise during the collection, preservation, and use of evidence, which may be discredited and deemed inadmissible by the court. The concept of "evidence discreditation" is clarified, referring to violations during control procedures that call into question the reliability of the evidence. Approaches to evaluating the admissibility of such evidence are presented, considering the legality of its collection, adherence to procedural norms, and the protection of human rights, particularly the right to privacy, inviolability of the home, and a fair trial.
The concept of "indirect crime provocation" is developed, which involves leading an individual to commit a crime through provocative actions by law enforcement targeted at another participant. This includes creating circumstances that encourage the individual to commit a crime without directly influencing them. State agents or persons cooperating with law enforcement play a significant role in this. Manipulations or restricted access to resources create a sense of threat, prompting the individual to commit a crime. The dissertation also provides a definition of "crime provocation", which entails the artificial creation of conditions that lead an individual to commit an offense, with the intent of exposing them, which is unlawful and undermines the principles of fair justice.
