Topchii N. Procedural principles of ensuring the inadmissibility of disclosure of pre-trial investigation information

Dissertation for the Doctor of Philosophy degree in specialty 081 – Law. – National academy of internal affairs, Ministry of internal affairs of Ukraine. Kyiv, 2023. In the dissertation, a complex special scientific study was carried out, dedicated to the procedural principles of ensuring the inadmissibility of disclosure of information of a pre-trial investigation, as well as proposals were developed on this basis regarding the improvement of legislation and the implementation of international legal standards in it on the subject under investigation. The doctrinal views on the current state, development and prospects of the institution of ensuring the inadmissibility of disclosure of pre-trial investigation information in the criminal process of Ukraine in the context of national and international legislation are outlined. New provisions that can serve for further development and improvement of the science of the criminal process are being considered. Having conducted an analysis of the legislation and the analysis of the norms of the criminal procedural legislation, it is recognized as appropriate to single out the following aspects related to the guarantees of non-disclosure of pre-trial investigation information: 1) criminal and criminal procedural legislation contains legislative provisions and legal prohibitions that limit the disclosure of information obtained during criminal proceedings, without permission of pre-trial investigation bodies and the prosecutor; 2) subjects of criminal proceedings carry out procedural activities aimed at ensuring the regime of non-disclosure of pre-trial investigation information; 3) procedural documents are used, which aim to warn the subjects of criminal proceedings about the inadmissibility of disclosing the data of the pre-trial investigation, which is regulated by the norms of criminal legislation; 4) the subject and limits of information that are subject to non-disclosure in connection with the pre-trial investigation are determined; 5) the subjects of the criminal process have their own procedural status, including the procedural obligation not to disclose the information of the pre-trial investigation; 6) the principles of the criminal process are the basis for guaranteeing the secrecy of the pre-trial investigation; 7) determine the terms during which it is not allowed to disclose the data of the pre-trial investigation; 8) representatives of pre-trial investigation bodies and the prosecutor's office have the authority, determined by procedural legislation, to apply measures to prevent the disclosure of pre-trial investigation information, as provided for in Article 222 of the Criminal Procedure Code of Ukraine. It has been established that the criminal procedural legislation ensures the protection of information obtained during both overt and covert investigative (search) actions. The national legislation establishes a number of normative legal acts that regulate the activities of law enforcement agencies during the conduct of covert investigative (search) actions. Such acts include the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Operative and Investigative Activities" dated 18.02.1992, the Order of the Security Service of Ukraine "On Approving the Compilation of Information that Constitutes a State Secret" dated 12.05.2008, the Law of Ukraine "On State secret" dated January 21, 1994 and others.