Monitoring of bank account as a means of obtain evidence: the question about improving procedural form

Abstract

In the system of criminal proceedings means of obtain evidence the important place has an investigative (search) action which help to solve the grave and the particularly grave crimes, as show in world and domestic practice. One of the reason of the low level using the results of investigative (search) action in the criminal proceeding proof is imperfect procedural form the separate undercover investigative (search) actions which includes monitoring of bank accounts. The author of the article aims to explore the problematic issues of procedural form of monitoring of banking accounts as a means of obtain evidence in criminal proceed. Raising the issues of legal regulation of monitoring of banking accounts in criminal procedural legislation in the foreign country (Bulgaria, Georgia, Estonia, Latvia, Serbia, Slovenia, Croatia). Attention is drawn to the inadmissibility of identification monitoring of banking accounts with governmental financial monitoring. That measures of their legal nature, the subjects, the reason and the objective, the evidentiary value of their results are significantly difference. The incorrectness of the legislative technique in formulating provisions is indicated in p.1 art. . 2691 of Criminal procedural code of Ukraine which show that monitoring of banking accounts can be conducted as an certain condition and in the presence of grounds for assuming the possibility of achieving the goal in the norm. Propose to change the formulation “ if there is reasonable suspicion that the person is committing crime with banking account” on “ finding and fixation illegal action person with using bank account” In the p.1 art. 2691 of Criminal procedural code of Ukraine describes that the prosecutor have an obligation to apply for monitoring of banking accounts to investigating judge but in practice that application pre-prepared by detectives which limits their autonomy as a subjects of criminal procedural proof. Justified the position to make a change to art. 2691 of Criminal procedural code of Ukraine in the part of give the opportunities to conduct the monitoring of bank accounts not just detectives on National Anti-Corruption Bureau of Ukraine but by the investigators and by detectives from another pre-trial investigative bodies including detectives from The service of financial investigation. Taking into account the problematic issues which arise during the provision of art. . 2691 of Criminal procedural code of Ukraine the author proposes the new version of the article.