Features of the search on the criminal procedural law of Ukraine

Abstract

Vintsuk V.V., Tsebynoga V.Yu. Actual issues of implementing the law of Ukraine "on operational and scientific activity: theory and practice. In the article research pressing questions of realization of Law of Ukraine "About operational search activity". It is marked that passing an act is sent to perfection of the legal adjusting of operational search activity of operative subdivisions of the National police of Ukraine. Certainly, that changes are in the Criminal code of practice of Ukraine, stipulated making alteration and to the law on operational search activity, as a result in practice there were difficulties during realization of operational search activity operative subdivisions. It is set in the article, that difficulties arose up at inquisitional subdivisions of Ukraine, where the use of materials of operational search activity is impossible without the only understanding of "results of operational search activity". The latest research that or the sake of removal of certain divergences during realization of operational search activity there is an urgent requirement in differentiation of operational search and criminal judicial activity. It touches the questions of realization of operational search, and events, and also realization of secret inquisitional (of criminal investigation) actions. It is marked that not all secret inquisitional (to the search) actions are the form of realization of operational search activity. In the article certainly, category "results of operational search activity" examined by scientists as the information got operative subdivisions in the order set by a law : in relation to the signs of perfect crime or crime that prepares; in relation to persons that did, accomplish or prepare criminal offence, hide from the organs of investigation, court, avoid serving of criminal punishment and persons that disappeared without a new. An author marks that the use of materials of operational search activity helps investigators to define the most expedient direction of criminal investigation activity from crime, search of criminal detection, to define a person that owns corresponding information and able to give her. The conclusion is that the current legislation of Ukraine in the field of operational search activity needs the further perfection. Keywords. Operational search activity, operative subdivisions, investigators, is subdivisions, materials of Operational search activity, secret inquisitional (to the search) actions, results of Operational search activity, police. the search, eliminating gaps in the practice of law enforcement on its issues.