Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Investigative Judge as a Subject to Criminal Procedure

Author(s): Oleh Tarasenko, Viktoriia Rozhnova, Dmytro Savytskyi, Oleksandr Sybiha, Makarov Mark

Purpose: The article is to analyze the current problems of judicial review over the observance of the law while conducting covert investigation (search) actions and to propose our own views on the ways to improve the judicial review over the observance of the law while conducting covert investigation (search) actions by the National Police of Ukraine, taking into account the positive of foreign countries. The Subject of the Study: The subject of the study is foreign experience regarding judicial control over the observance of the law when conducting covert investigation (search) actions and the possibility of its implementation in Ukraine. Methodology: The study used general scientific and special methods of legal science, in particular, analysis and synthesis method, logical method, historical and legal method, comparative and legal method, normative-dogmatic method, legal modeling method. The Results of the Study: It was stated that the institution of covert investigation (search) actions is new to the domestic criminal process; it was borrowed from other countries, in which criminal prosecution of a person by authorized entities is ensured by conducting legal transparent and covert investigation (search) actions and fixation of the evidence. Some rules of criminal procedural law of foreign countries concerning this issue were considered with a view of their implementation in the criminal procedural legislation of Ukraine. Practical Implications: The ways of improvement of the national legislation were proposed on the basis of the positive experience of the USA and the European countries regarding the judicial control over the observance of the law while conducting covert investigation (search) actions. Value/Originality: The analysis of the main foreign approaches to the issue of investigating judge as a subject to criminal procedure, who exercises judicial control over the observance of the law while conducting covert investigation (search) actions, was made, and the ways to improve this issue in Ukrainian legislation were formulated and proposed.