Unofficial Investigation as a Fundamental Category of the Theory of Operational Investigation Activity and Criminal Process

Abstract

covers the performance by the National Police of all the functions assigned to them by Law and Legal Acts. It has been stated that Operational investigation activity is defined as a system of actions which: 1) are conducted for the purpose of detection and termination of crimes, prevention of criminal offense; 2) consist of finding and recording the actual data on criminal activity of individuals and groups, location and fate of wanted persons; 3) are carried out by operational units of law enforcement bodies in accordance with the powers assigned to them by Law; 4) can be conducted both openly and implicitly. Unofficial investigation – part of the activity of the operational units, which purpose and tasks coincides with the operational investigation activity and is a system of exclusively unofficial actions, which include: 1) conducting unofficial investigation measures within the framework of different cases but only after obtaining the relevant permissions of the investigating judge and approval of the prosecutor; 2) fulfillment of the instructions of the investigator, the prosecutor for conducting unofficial investigation (search) measures; 3) conducting unofficial investigation measures, which in accordance with the Law do not require special permits and can be conducted by operational units on their own initiative, including without launching a case. The scientific novelty of the obtained results is that the article further reflected the scientific opinion on the definition of the concept and content of the category « unofficial investigation » and its correlation in the operational investigation activity and criminal procedural legislation. To с onclusions , we can confirm that operational investigation activity and unofficial investigation measures of the operational units of the National Police of Ukraine are substantially the same in content, but not identical. The possibility of conducting the activities of the said group (search activities) should be enshrined on the level of the Law of Ukraine « On Operational Investigation Activities » and the Criminal Procedure Code of Ukraine.