New Law of Ukraine «On operative-search activity»: will it be adopted?

Abstract

The legislative and organizational changes in the Ukrainian criminal-procedural legislation, in particular concerning the operative-search activity, have been identified and analyzed. The content of the current Law of Ukraine «On operative-search activity» and chapter 21 of the Criminal-Procedural Code of Ukraine «Undercover investigative (search) actions» are outlined. The views of individual scholars on the investigated issue are elucidated. The state of the legal regulation of the operative-search activity at the legislative level is cleared up.

It is stated that at present the main normative-legal acts, which regulate the operative-search activities are the Criminal-Procedural Code of Ukraine and the Law of Ukraine «On operative-search activity» (of February 18, 1992).

It is cleared up that at present the legislation of Ukraine has no such law, which regulates the operative-search activity in accordance with the actual challenges and real tasks of the law-enforcement bodies.

The expediency and prospects of the adoption of the new Law of Ukraine «On operative-search activity» are determined.

Adoption of the new Law of Ukraine, which would contain the main provisions of operative and investigative activities that would take into account all the needs of the civil society and the legal system, is urgently needed. In addition, certain «specific nuances» of the implementation of the operative-search activity should be regulated by departmental regulatory acts, whose units are the subjects of the operative-search activity.