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| Format: | Artículo científico |
| Language: | en |
| Published: |
Universidad Santo Tomás
2023
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| Online Access: | https://www.redalyc.org/articulo.oa?id=560279973006 https://www.redalyc.org/journal/5602/560279973006/ https://www.redalyc.org/journal/5602/560279973006/html/ https://www.redalyc.org/journal/5602/560279973006/560279973006.epub https://www.redalyc.org/journal/5602/560279973006/movil https://doi.org/10.15332/19090528.9733 |
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Table of Contents:
- Ensuring procedural guarantees and the right to a fair trial during the examination of motions to conduct covert investigations Oleksandr Babikov Zhanel Amanbay Oleh Plakhotnik Oleksii Khovpun Andrii M. Lyseiuk Derecho motions judicial control human rights and freedoms Covert investigative actions interference in private communication The article aims to determine the general principles of guaranteeing human rights and freedoms during the the investigating judge’s examination of motions of pre-trial investigation bodies and prosecutors for permission to conduct covert investigative actions. The subject of the research is the general principle of guaranteeing human rights and freedoms during the consideration of motions to conduct covert investigative actions by investigating judges and the problems of regulation of these issues within criminal procedure legislation. The article uses general scientific and unique research methods, such as comparative, formal, dogmatic, and dialectical. The study results allowed us to determine the areas of improvement of criminal procedural legislation on motions to conduct covert investigative actions. The need for ensuring human rights and freedoms require such actions. Based on the study results, proposals were made to amend the criminal procedure legislation on the motions for investigative actions. In this regard, the incompleteness of regulations requires appropriate amendments to the Criminal Procedure Code of Ukraine, as proposed by the authors. It is substantiated that implementing these changes will ensure sustainable and effective law enforcement practice in the field of organization and conduct of covert investigations, reduce inconsistencies, and ensure uniformity of approaches to determining sufficient and necessary grounds for interference in private communication. 2023 artículo científico 1909-0528 https://www.redalyc.org/articulo.oa?id=560279973006 https://www.redalyc.org/journal/5602/560279973006/ https://www.redalyc.org/journal/5602/560279973006/html/ https://www.redalyc.org/journal/5602/560279973006/560279973006.epub https://www.redalyc.org/journal/5602/560279973006/movil https://doi.org/10.15332/19090528.9733 en http://www.redalyc.org/revista.oa?id=5602 Via Inveniendi Et Iudicandi application/pdf Universidad Santo Tomás Via Inveniendi Et Iudicandi (Colombia) Num.2 Vol.18