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

Abstract

The Forms of International Co-Operation in the Area of Undercover Investigations

Author(s): Serhii S. Cherniavskyi, Mykhailo L. Hribov, Andrii A. Nebytov, Serhii M. Kniaziev, Serhii S. Telenyk

Description: The purpose of the article is to investigate forms of international co-operation in the area of undercover investigations. The subject of the study is the legal regulation and practice of applying specific forms of international co-operation in the area of undercover investigations. Methodology: The general and specific methods have been used during the study, which are the means of scientific search. In particular, comparative legal was applied in the analysis of substantive and procedural law of international and national legislation of different States, scientific categories, definitions and approaches; systematic analysis was used to comprehensively summarize the features of international criminal activity and the use of the measures for the private transmission of information to combat its manifestations; systemic and structural method made it possible to identify the tasks of law enforcement agencies of the States in the international co-operation in the area of undercover investigations; statistical was applied when summarizing the results of the study of empirical sources. The studied materials are international treaties, the laws of the States (Ukraine, Germany, Poland, Belgium, Czech Republic, Belarus, Kazakhstan, etc.), the scientific works, statistical materials on the state of crime and the results of work of pre-trial investigation bodies of individual countries and Interpol, materials of criminal proceedings. The results of the study made it possible to identify the forms of international co-operation in the area of undercover investigations, which are: exchange of information between States required for conducting undercover investigations and information obtained during such investigations; sharing of equipment, objects and substances necessary when conducting undercover investigation on mutually agreed terms; involvement of foreign specialists for their participation in undercover investigations or in certain undercover investigation (search) actions; conducting some undercover investigation (search) actions at the request of another country; conducting joint cross-border undercover police operations by law enforcement agencies of two or more countries; conducting undercover investigations (criminal intelligence, investigative activities) at the request of law enforcement agencies of another State; simultaneous undercover investigations in the case in the territories of two or more States by their law enforcement agencies in co-operation. Practical implications: According to the results of the research, proposals have been made to improve the effectiveness of international co-operation in the area of undercover investigations (criminal intelligence, investigative activities). Value/originality: On the basis of the authors’ approach to the classification of the forms of international co-operation in the area of undercover investigations, the ways of improving international law and harmonization of the norms of national laws of different countries in terms of using undercover methods for obtaining information necessary for combating international crime have been determined.

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