The analysis of the current status of the observance of human rights during the conducting of the secret investigative (search) actions.
Journal Title: Прикарпатський юридичний вісник - Year 2018, Vol 1, Issue 3
Abstract
In the article the current status of the observance of human rights in the conducting of the secret investigative (search) actions is analyzed. Attention is drawn to the fact that, in addition to the positive moments of the introduction of the institute of SISA, they can significantly restrict and even violate the rights, freedoms and legitimate interests of a person. The studying of the judicial practice in accordance with the Unified State Register of Judgments was carried out, interrogation of law enforcement officers and lawyers of persons, for whom the SISA were conducted, was carried out too. The most widespread violation has been identified such as violation of the right to protection of the person for which the relevant SISA were conducted, errors in drawing of protocols about the conducting of the SISA, failure to notify individuals who were held by the SISA, the absence of the decision of the investigating judge granting the permission of the conducting of the SISA in the materials of criminal proceedings.
Authors and Affiliations
А. А. Коваль
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