SOME ASPECTS OF IMPROVING THE LEGAL REGULATION OF JUDICIAL CONTROL DURING THE NSRD RELATED TO THE USE OF TECHNICAL MEANS

Abstract

The article considers the issue of judicial control
in the conduct of covert investigative (search) actions
related to the use of technical means. The author argues
that the rules of national law governing judicial review
procedures in criminal proceedings, including the
conduct of covert investigative (investigative) actions
involving the use of technical means, should be based
on the inviolability of European standards and
principles in in the field of protection of constitutional
human rights and freedoms. In order to improve the
current legislation on judicial control in covert
investigative (search) actions related to the use of
technical means, it is proposed to make appropriate
amendments to the Criminal Procedure Code of
Ukraine.
The author proposes: to provide for the obligation
in each case of control over the commission of a crime
to obtain the decision of the investigating judge at the
request of the prosecutor (investigator): to expand the
list of covert investigative (investigative) actions carried
out in urgent cases; to increase the term of
consideration of motions to conduct covert investigative
(search) actions. In addition, the need to improve the
provisions of the current Criminal Procedure Code of
Ukraine in terms of ensuring the completeness of the
circumstances and constituent data when re-applying
for covert investigative (investigative) actions related to
the use of technical means. Particular attention is paid
to the issue of assessment of factual data obtained
during covert investigative (search) actions on the
subject of legality (admissibility). The author argues
that the investigating judge in the framework of judicial control during the pre-trial proceedings must take measures to investigate the admissibility of factual data obtained as a result of actions that restrict the constitutional rights of citizens.
Key words: legal regulation, covert investigative (search) actions, investigating judge, court, judicial control, technical means.