Procedural and organizational and tactical features of the search

Abstract

In the scientific article on the basis of the analysis of the current legislation and points of view of scientist’s procedural and organizational and tactical features of carrying out search are investigated, essence and maintenance of activity of participants of the specified investigative (search) action is found out. A methodological system is used, which includes the following levels: philosophical, general scientific and special scientific. Emphasis is placed on maintaining a balance between the tasks of protecting the rights of the individual during investigative (search) actions in the home or other property of the person and the effective fight against crime. Based on the analysis of procedural legislation and scientific literature, the rights and responsibilities of the suspect and other participants in the investigative (search) action are summarized. Emphasis is placed on increasing the importance of the investigator in providing procedural guarantees to the person during the search, as well as on improving the tactics of the specified investigative (search) action. Relevant proposals have been submitted to the criminal procedure legislation of Ukraine and to the tactics of conducting a search.

Untitled

“…As for the investigation of search-related problems, such Ukrainian researchers as I. Gorbanov et al (2022) note that this investigative action attracts special attention, as its implementation is always associated with the restriction of constitutional rights to inviolability of home or other property, privacy, and inviolability of property rights. L. Bernardini & F. Sanvitale (2023) rightly point out that authorised national agencies of states usually conduct searches during investigations of serious crimes (murder, cybercrime, drug trafficking, etc.…”

Application of the European Court of Human Rights practices by the investigator during the search

“…As for the investigation of search-related problems, such Ukrainian researchers as I. Gorbanov et al (2022) note that this investigative action attracts special attention, as its implementation is always associated with the restriction of constitutional rights to inviolability of home or other property, privacy, and inviolability of property rights. L. Bernardini & F. Sanvitale (2023) rightly point out that authorised national agencies of states usually conduct searches during investigations of serious crimes (murder, cybercrime, drug trafficking, etc.…”