Kovalenko O. Involvement of specialists during the search

The dissertation, based on the generalization of scientific research by Ukrainian scientists, as well as the results of the analysis of the provisions of the current criminal procedural legislation, taking into account the established practice of the European Court of Human Rights, national judicial practice, several theoretical questions related to the conduct of searches are substantiated with the participation of knowledgeable persons, as well as the solution of practical problems arising during the conduct of this investigative (search) action, taking into account the principle of situational conditioning and some other conditions. Based on the conducted theoretical analysis and generalization, the classification of searches was improved. General investigative search situations are classified according to the level of countermeasures committed by the person being searched or the owner or user of the premises; according to the degree of assistance to those searched in the realization of the goals of the search; by the presence at the place of the search of a person involved in the commission of a criminal offense or other third parties; depending on the degree of intensity of the manifestation of the conflict during the search. An algorithm for the involvement of a specialist in the search is proposed, in particular, in the case of awareness of the mandatory participation in the search of a specialist of a certain profession who, in particular, is an employee of a certain institution, enterprise, organization, it is indicated the possibility of indicating his involvement in the corresponding request for conducting a search, which is submitted to the investigating judge. Other tactical features of the participation of knowledgeable persons in the status of specialists in searching are characterized. Recommendations have been formulated, which should be followed while preparing forensic technical means for searching.