Normative support and practice implementation of the procedural procedure of grant of the authorization for the conduct of unknown investigate (invisible) actions under the conditions of military, emergency or in the area of anti-terrorist operation

摘要

Annotation: the article analyzes the peculiarities of the procedure for granting permission for conducting secret investigative actions in the conditions in the martial law, emergency or in the area of anti-terrorist operations. It is noted that the nascence as well as the currently existing problems of practical and applied nature connected with the implementation of the provisions of Article 615 of the Code of Criminal Procedure of Ukraine. Summarizing the above, by partially resolving issues relating to the peculiarities of pre-trial investigation in the conditions of a military, state of emergency or in the area of ATO, the law simultaneously put new, even more serious and complicated, caused by the nature of the changes. The separate aspects of the institute of pre-trial investigation that are considered within the article testify to the lack of legal certainty in many issues, which leads to the uneven application of these provisions in practice. In this regard, article 615 of the CPC of Ukraine needs legislative correction.