АUDІО-, VІDEО-CONTROL OVER A PERSON AS A TYPE OF INTRUSION INTO THE PRIVATE COMMUNIATION

Abstract

The issue concerning the nature of audio-, video-control (supervision) of a person, the order of giving permission to carry out such investigative (search) ac- tions, filing the results.

It has been explained the order of breaking into the private communication, namely: access to the communication content, if the communicating persons have enough reasons to consider private their communication. Besides, the types of breaking into the private communication, namely: 1) audio-, video-control of a per- son; 2) arrest, visual examination and seizure of the correspondence; 3) taking in- formation from the transport telecommunication networks; 4) taking information from the electronic information systems.

Activities of an investigator have been analyzed, namely making the request (in concordance with the prosecutor) to the investigating judge in order to obtain permission to carry out the examination (the search actions) in the places, which are not open for public, as well as the search of accommodation place or other own- ership of a person for locating there the corresponding technical means of audio-, video-control of a person and to obtain permission to carry out the audio-, video- control of a person in such places. The decisions of the investigating judge in order to obtain permission to carry out such secret search actions should be recorded in separate documents, which are filed on results of consideration of an investigator’s request.

It has been shown the grounds for carrying out the secret search actions on audio-, video-control (supervision) of judges, courts’ officials and law enforcement officers, in the premises of courts and law enforcement bodies. The request may be considered by an investigating judge, who works beyond the jurisdiction of the cor- responding pretrial investigation body.

It has been explained the order of recording (filing) the results of audio-, vid- eo control of a person. It should comply with the general rules for filing the criminal proceedings. As a result of conducting such investigative (search) actions, the pro- tocol with annexes should be made and should be passed to the prosecutor not later than twenty four hours after the termination of such actions. It was cleared up that the current normative and legal acts do not envisage specific requirements to such protocol, but some scientists point out the information, which should be included in it. It has been grounded the necessity to make amendments to the Art. 252 of the Criminal-Procedural Code of Ukraine, which would contain provisions with the de- tailed requirements for the above mentioned protocol on carrying out any secret search action, including the protocol on the results of the audio-, video control of a person.