Необхідність легалізації оперативного експерименту, проведення якого обмежує права людини

Abstract

Сформульовано основні напрями оптимізації національного законодавства щодо проведення оперативного експерименту, яким обмежуються права людини.

The basic directions of optimization of the national legislation concerning carrying out of an operative experiment which limit human rights are formulated. As a result of the analysis of scientific works, the authors found that the data obtained as a result of the implementation of an operational experiment may help: verifying the proposed operational (wanted) versions; verification and clarification of available data on the involvement of a particular person in a particular negative event (act, phenomenon, process); execution of the detention on the spot of a person who committed a grave or especially grave crime, directly in the commission of a criminal act (action or inaction); the preparation and implementation of investigative and secret investigative (search) actions; establishment of the reasons and conditions for the commission of a serious crime, etc. Researchers determine that an operative experiment is a complex of operative-search and other actions consisting in the artificial creation of secretly controlled conditions in an environment that is as close as possible to the real one, including using objects of traps (-primans), in order to verification and evaluation of data on the possibility of committing a person in whose actions there are certain features of committing a crime, certain unlawful actions. The authors came to the following conclusions: 1. The Law of Ukraine "On Operational and Investigative Activity" dated February 18, 1992, No. 2135-XII [9] did not regulate all problematic issues that arose in the activity of law enforcement agencies in combating crime through the conduct of an operational experiment. , which restricts human rights. 2. One of the areas of improvement of the legal basis for conducting an operational experiment, in our opinion, is the adoption of the Draft Law with the amendments and additions proposed in this article.