Pertsova-Todorova L. Ensuring the rights and legitimate interests of individuals during a search at the stage of pre-trial investigation

The dissertation is devoted to the complex research of theoretical and applied problems of ensuring the rights and legitimate interests of persons during the search at the stage of pre - trial investigation. The paper analyzes the works of scientists who studied the problems of observance of the rights and legitimate interests of participants in investigative (search) actions, in particular during the search at the stage of pre-trial investigation. This allowed the author to state that this topic cannot be considered exhaustive, as the imperfection of the current criminal procedural legislation of Ukraine is reflected in the case law of the European Court of Human Rights and domestic law enforcement practice. Legislative anticipation of a possible violation of the law in the form of a procedural requirement, which obliges the investigator to agree with the prosecutor, which in turn helps to ensure the rights and interests of persons whose homes or other property is searched. From a practical point of view, it can be seen that the decision on the need to conduct a search is made by more than one person (investigator, prosecutor, investigating judge), thus making it impossible to conduct an unjustified search. It was emphasized that there are different views among scholars on understanding the legal status of search participants. Having carried out their analysis, a conclusion was made about the expediency of determining the procedural powers of the person whose home or other property is being searched. Based on the results of the study, theoretical provisions and practical recommendations for ensuring the rights and legitimate interests of individuals during the search at the stage of pre-trial investigation were developed.