Judicial control over investigative (search) actions that require prior permission

Vasyl Nastyuk; Oleksandr Mikhailov; Ekaterina Izbash; Vitalii Kondratenko

doi:10.34069/AI/2020.28.04.18

Vasyl Nastyuk Department of Administrative Law and Administrative Activities of Yaroslav Mudryi National Law University https://orcid.org/0000-0003-4977-4181
Oleksandr Mikhailov Higher Educational Institution of Kirovograd Cooperative College of Economics and Law named after M. Say of the Kirovograd Regional Consumer Association https://orcid.org/0000-0001-9129-1971
Ekaterina Izbash Department of Organization of Scientific Work of the Odessa State University of Internal Affairs https://orcid.org/0000-0002-1855-1383
Vitalii Kondratenko Department of Branch Law and Law Enforcement Activities Volodymyr Vynnychenko Central Ukrainian State Pedagogical University https://orcid.org/0000-0001-6015-8326

DOI: https://doi.org/10.34069/AI/2020.28.04.18

Keywords: criminal proceedings, investigating judge, court, investigative (search) actions.

Abstract

The purpose of the article is to investigate the peculiarities of judicial control during investigative (search) actions that require prior permission on the basis of the analysis of legislation and modern theoretical concepts of the science of criminal process. Special research methods were also used in the work, in particular, comparative legal; special legal, logical-legal and systematic.
The article is devoted to specific issues of judicial control, which, in accordance with the current legislation of Ukraine, is carried out when granting permission for investigative (search) actions that require it. The investigative (search) actions that require the prior permission of the investigating judge are identified. The norms of the international and national legislation are analyzed, which enshrines guarantees from illegal entry into the dwelling or other property of a person and carrying out of procedural actions there. Attention is drawn to the need for a clear delineation of investigative (search) actions, such as inspection and house search or other property of a person, since their substitution will lead to the court finding the evidence inadmissible. The position of the European Court of Human Rights on the criteria for the lawfulness of the search is outlined. Emphasis is placed on the specifics of conducting a house search or other property of a lawyer. It is concluded that the effective provision by the investigating judge of the rights, freedoms and interests of persons whose housing or other property is planned to be searched is a necessary condition for the realization of the principles of criminal proceedings.

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Author Biographies

Vasyl Nastyuk, Department of Administrative Law and Administrative Activities of Yaroslav Mudryi National Law University

Doctor of Law (2JD), Professor, Honored Worker of Science and Technology of Ukraine, Head of the Department of Administrative Law and Administrative Activities of Yaroslav Mudryi National Law University

Oleksandr Mikhailov, Higher Educational Institution of Kirovograd Cooperative College of Economics and Law named after M. Say of the Kirovograd Regional Consumer Association

Doctor of Philosophy, Candidate of Pedagogical Sciences, Associate Professor of Law, Honored Worker of National Education of Ukraine, Director of the Higher Educational Institution of Kirovograd Cooperative College of Economics and Law named after M. Say of the Kirovograd Regional Consumer Association

Ekaterina Izbash, Department of Organization of Scientific Work of the Odessa State University of Internal Affairs

Candidate of Law, Associate Professor, Senior Researcher of the Department of Organization of Scientific Work of the Odessa State University of Internal Affairs

Vitalii Kondratenko, Department of Branch Law and Law Enforcement Activities Volodymyr Vynnychenko Central Ukrainian State Pedagogical University

Doctor of Jurisprudence, Docent, Head of the Department of Branch Law and Law Enforcement Activities Volodymyr Vynnychenko Central Ukrainian State Pedagogical University

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