Article title The Applying of the Results of Secret Investigative (Search) Actions to Obtain Certain Types of Evidence in Criminal Proceeding: Problematic Issues
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12/2017
Сторінки [49-61]

The problematic issues of the applying of the results of secret investigative (search) actions to obtain certain types of evidence in criminal proceeding were disclosed in the article, which is based on the results of the analysis of scientific sources, positions of the current criminal procedural legislation of Ukraine, materials of practice, and on results of the questioning of practical workers. The definition of the results of secret investigative (search) actions is noted in the article. In conclusion, the results of secret investigative (search) actions can be solely such types of evidence as documents and material evidence. It is noted that protocols of secret investigative (search) actions together with applications may have the procedural implication of documents — evidence in criminal proceedings. The necessity of separation procedural actions’ protocols from the set of other documents as sources of evidence in criminal proceedings and amendments to Part 2 Art. 84 CPC of Ukraine is substantiated in the article.

Keywords evidence, secret investigative (search) actions, obtaining evidence, criminal proceedings