Legal aspects of conducting investigative and search actions related to home invasion

The right to inviolability of housing is one of the fundamental foundations of a democratic society and the principle of the rule of law. The work analyzes in detail the constitutional right to the inviolability of housing in Ukraine and its implementation in practice. The relevant norms of the Constitution of Ukraine, the Criminal Code, the Criminal Procedure Code and other normative legal acts regarding the conditions of legal and illegal interference in a person’s home or other property are thoroughly considered. Cases of justified restriction by state bodies of the right to the inviolability of housing in order to ensure public safety, prevent crimes or protect public order are analyzed in detail. Analyzing a number of decisions of the Plenum of the Supreme Court of Ukraine regarding the interpretation of the concepts of “intrusion”, “housing” and “other possession of a person” in the context of criminal liability for violation of the inviolability of housing. In particular, the definition of “intrusion” in the resolutions of the Plenum of the Supreme Council of the USSR in 1983 and the Plenum of the Supreme Council of the Ukrainian SSR in 1984 was examined in detail. A number of court decisions regarding the qualification of the actions of law enforcement officers as “intrusion into housing” were also analyzed. A separate section is devoted to a detailed analysis of legal regulation and judicial practice regarding the limitation of the right to inviolability of housing in the USA, Canada and EU countries. In particular, the practice of the US Supreme Court regarding the entry into a home without a warrant under certain conditions was analyzed, compared to the relevant norms of the Basic Law of the Federal Republic of Germany and the Convention on the Protection of Human Rights and Fundamental Freedoms. On the basis of the study, a conclusion was made regarding the need to ensure a proper balance between the implementation of the law enforcement function of the state and the guarantee of the constitutional right to the inviolability of housing in accordance with European standards in the field of human rights. On the basis of the conducted research, a number of specific proposals were formulated to improve the provisions of the Criminal Procedure Code of Ukraine and operative investigative legislation with the aim of more clearly regulating the grounds and procedure for possible restriction of the right to the inviolability of housing in accordance with European practice. In general, the work comprehensively analyzes the current legislation regulating the right to inviolability of housing in Ukraine, and the practice of its application in comparison with international experience. Specific and well-founded proposals have been formulated regarding the improvement of the current legislation and the practice of its implementation, taking into account European standards in this area.