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Prikhodko Andrey

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APPROPRIATENESS AND ADMISSIBILITY OF EVIDENCE OBTAINED DURING A SEARCH

The pre-trial stage is the most vulnerable to the possibility of human rights violations. Despite the fact that the Criminal Procedure Code of Ukraine quite clearly regulates the activities of bodies conducting pre-trial investigation and investigative actions, there are violations of these rights of citizens.

 The pre-trial investigation is a key stage in the criminal proceedings, as the quality of the investigation of the crime depends on further trial and prosecution of the perpetrators.

 One of the most common investigative actions is a search. The search must be carried out by a person empowered by law and in compliance with the requirements of the CPC of Ukraine, although operatives must carry out the relevant instructions given by investigators and prosecutors. In practice, the “legitimacy” of searches by operatives on the basis of an order from an investigator, prosecutor or a resolution on the establishment of an investigative task force is extremely negatively perceived.

 If an investigator from another city or district came to the enterprise to conduct a search in the criminal proceedings in his possession, there is no violation of the law. In this case, investigative actions, including a search, may not be prevented. If the operative came with the intention to conduct a search in criminal proceedings investigated by an investigator from the same city or district or other settlement, he should not be allowed to conduct such actions, referring to the fact that the search in this case must be conducted in person. investigator, and in some cases the prosecutor.

 According to the CPC of Ukraine, an investigator or prosecutor has the right to issue instructions and instructions on investigative actions to the bodies of inquiry in respect of the proceedings under investigation. But in any case, the investigator must be personally present during the search and manage all actions, and operational staff to assist him.

 Operational officers may conduct investigative actions independently and without an investigator only if the criminal proceedings are being investigated by an investigator from another city or district or the same locality and if these operatives have a separate written order to conduct investigative actions. The CPC of Ukraine does not contain a clear list of authorized entities to conduct them, namely an investigator or a prosecutor, as this is provided for a search.

 Gross violations of the Code of Criminal Procedure during a search call into question not only the legality of the restriction of the rights and freedoms of the participants in the proceedings, but also the overall outcome of the criminal proceedings.

 Thus, taking into account the above, we note that the criteria for the admissibility of evidence obtained from the results of the search are:

 collection of evidence by an authorized person;

 receipt in the manner prescribed by law;

 legality of the source of evidence;

 proper recording of the course and results of the relevant procedural action.

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