Problems of the imperfection of the conceptual apparatus, the system of covert investigative (search) actions, the determination of their procedural forms

The article is devoted to the study of the problems of imperfection of the conceptual apparatus of the system of covert investigative (detective) actions, the definition of their procedural forms. The unsuccessful approach of the legislator to the definition of the system of covert investigative (search) actions in the Criminal Procedure Code of Ukraine, which provides for their delineation into those related to interference in private communication and others, the ambiguity of wording and the absence of clear criteria for such concepts as: “fact” conducting covert investigative (search) actions”, “method of covert investigative (search) actions”; “exceptionality” – the impossibility of obtaining information in another way; “another person” who can be involved in secret investigative (search) actions; “circumstances that give reason to suspect a person of committing a criminal offense” as a legal and factual basis for restricting human rights and freedoms when conducting secret investigative (search) actions; “results of secret investigative (search) actions” in the context of the notification of the person in respect of whom it was conducted; the meaning of the concept of “private” and “private communication” and many others. It is pointed out that the imperfection of the conceptual apparatus makes it difficult to understand certain measures of tacitly obtaining and recording information as one or more procedural actions that are related to each other, but differ in content, procedure and features of recording. In particular, the author proposed ways to solve this problem by making changes to the Criminal Procedure Code of Ukraine, as well as by specifying their content in the Instructions on the organization of secret investigative (search) actions and the use of their results in criminal proceedings, to determine and specify the limits of permissible interference in private a life that a modern democratic legal state can afford.