ПІДСТАВИ ПРОВЕДЕННЯ СЛІДЧИХ (РОЗШУКОВИХ) ДІЙ, ЯКІ ПОТРЕБУЮТЬ ПОПЕРЕДНЬОГО ДОЗВОЛУ СУДУ

Abstract

The article examines the normative regulation of the factual grounds for investigative (search) actions that require prior court permission. The general grounds for conducting investigative (search) actions, as well as the specifics of establishing the grounds for conducting those investigative (search) actions that require prior court permission are analyzed. Particular attention is paid to those grounds, the establishment of which is due to the presence of an additional criterion associated with the exclusivity, urgency or exclusivity of the case. It is established that the actual grounds for investigative (investigative) actions that require prior court permission are specific data, information necessary to form an opinion, decide on the relevant investigative (investigative) action, which should be reflected in the materials criminal proceedings, and is a mandatory requisite of the petition to the investigating judge. When proving the grounds for each of such investigative (search) actions, it is necessary to take into account the peculiarities of the source of factual data, the investigative situation at the time of application, the nature and specifics of circumstances that may be established by the results of investigative (search) actions. the value of evidence to establish the circumstances of the subject of proof or verification of existing evidence. In some cases, provided by law, proving the factual grounds for investigative (investigative) actions that require prior court permission, provides additional proof of the criteria for establishing such grounds (exclusivity, urgency or exclusivity of the case). In order to ensure the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings, as well as other persons whose rights or legitimate interests may be limited by investigative (investigative) actions, including those that require prior court permission, the formation of uniform law enforcement practice in this In the field of promising research we consider the formation of proposals for further improvement of regulations on the factual grounds and conditions of their conduct, as well as the development of the procedure for consideration by the investigating judge of motions for investigative (investigative) actions in urgent (exceptional) cases.