TECHNICAL SUPPORT OF PRIVATE DETECTIVE ACTIVITY IN UKRAINE

A.J. Frantsuz, I.S. Yelisieiev
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Abstract

Current trends in the development of criminal practices require the state to respond appropriately to them, to develop effective mechanisms to prevent crime. As a result, the crime prevention system is in constant motion. It depends on many factors, especially on the implementation of political will and the fulfillment of Ukraine’s international obligations. This is directly reflected in the current legislation, which generally forms a strategy to prevent crime and find its tactical countermeasures. One of such manifestations today is a new, in essence, detective activity of both public bodies and private organizations (institutions). Private detective work is regulated differently at the legislative level in many countries around the world. Despite the normative enshrinement, the activities of private detectives differ greatly in the degree of legal regulation by state institutions and control by professional self-government bodies. This primarily applies to both the licensing process and the process of carrying out such activities. On the way to knowledge of preventive detective activity there are certain both theoretical and practical problems. These include the fact that the subjective dimension of private detective activity, as well as private detective activity itself, has been little studied in modern criminological practice and has hardly been developed. Legal bases of use (application) of special means consist of the legislative acts regulating activity of bodies to which the right to their application is given. The legal basis for the use of special technical means in private detective work is a system of legal norms and bylaws that determine the admissibility or regulate the procedure and conditions of their use. The purpose of special equipment is in the following aspects: 1) facilitating the detection and investigation of crimes, ensuring the high quality of the inspection of the crime scene, facilitating the discovery of physical evidence during searches; 2) creating opportunities to obtain reliable information about persons involved in the preparation or commission of offenses. Statistics show that with the help of a number of operational and technical means it is possible to quickly and reliably obtain and record information about specific persons who plan or prepare crimes, and then take measures to prevent them. Devices for the use of such tools can be audio and video equipment, surveillance devices, etc .; 3) physical cessation of resistance by criminal elements. This can be achieved through the use of special means of personnel protection and special operations.
乌克兰私人侦探活动的技术支持
目前犯罪行为的发展趋势要求国家作出适当的反应,制定有效的机制来预防犯罪。因此,预防犯罪系统一直处于运转状态。它取决于许多因素,特别是取决于政治意愿的执行和乌克兰国际义务的履行。这直接体现在现行立法中,一般都是形成预防犯罪的战略,并寻找其战术对策。今天的这种表现之一,实质上是公共机构和私人组织(机构)的一种新的侦查活动。在世界上许多国家,私人侦探工作在立法层面受到不同的监管。尽管有规范的规定,但私人侦探的活动在国家机构的法律监管程度和专业自治机构的控制程度上存在很大差异。这主要适用于发牌程序和开展此类活动的程序。在认识预防侦查活动的过程中,存在着一定的理论和实践问题。其中包括私人侦探活动的主观维度,以及私人侦探活动本身,在现代犯罪学实践中很少被研究,几乎没有得到发展。使用(适用)特殊手段的法律依据包括对被赋予适用特殊手段权利的机构的活动进行规范的立法行为。在私人侦探工作中使用特殊技术手段的法律依据是一套确定其可采性或规范其使用程序和条件的法律规范和规章制度。特种设备的目的在于以下几个方面:1)便于侦查犯罪,保证对犯罪现场的高质量检查,便于搜查时物证的发现;2)创造机会获取有关参与准备或实施犯罪的人的可靠信息。统计数据表明,借助一些操作和技术手段,可以快速可靠地获取和记录有关计划或准备犯罪的特定人员的信息,然后采取措施加以预防。使用这些工具的设备可以是音频和视频设备、监视设备等;3)犯罪分子身体上停止抵抗。这可以通过使用特殊的人员保护手段和特殊行动来实现。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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