Prosecution secret investigative (search) actions by the operational units of the State Border Guard Service of Ukraine
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
Fulfillment of the tasks of criminal proceedings requires constant interaction, well-organized cooperation and appropriate level of efforts coordination from the existing system of law enforcement bodies and their structural divisions in order to ensure prompt, complete and impartial investigation of criminal offenses. The central place of this interaction is the sectoral criminal procedural institute of investigators’ and prosecutors’ assignments given to the operational units. It has been established that certain issues related to execution of these assignments by the operational units of the State Border Guard Service (SBGS) of Ukraine cause difficulties for practical realization, in particular the content, limits and volume of assignments, the deadlines for their execution. Some of the assignments may be confusing, controversial or ambiguous. That is why the purpose of the study is to identify the gaps in the legal regulation of the investigators’ assignments execution by the officers of operational units while conducting criminal proceedings (on the example of operational units of the State Border Service of Ukraine), as well as to work out suggestions for these drawbacks elimination and solving of certain issues related to this activity. The norms that collectively form the departmental criminal procedural institute of investigators` assignments need further improvement as they do not contain specific grounds for giving such assignments, neither do they regulate the procedural ways of their passing, or set the terms, scope and limits of their execution. It should be noted that this issue may and should be thoroughly guided not only by the procedural law itself, but also by departmental and inter-departmental legal acts. However, the departmental normative act that regulates this type of the operational units’ activity also requires improvement. In order to eliminate the contradictions between the actual needs of the practice and the requirements of the Criminal and Procedural Code of Ukraine regarding the content of the assignments, several recommendations of both organizational and normative nature have been given.
Authors and Affiliations
В. О. КОРОЛЬОВ
Keywords
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