CONSTITUTIONAL RIGHTS AND COERCION DURING INVESTIGATIVE (SEARCH) ACTIONS
Authors:   National Aviation University, Tarasiuk Serhii 
Published: June 2024

The article examines the issues of ensuring the efficiency of criminal proceedings, and distinguishes investigative (search) actions which may be carried out in a person's home or other property, and emphasises their different procedural regulation. The author focuses on the specifics of application of procedural coercion measures during the relevant investigative (search) actions, admissibility of restriction of the constitutional rights of a person undergoing relevant procedural actions, observance of the constitutional rights of the owner (possessor) of housing, and also identifies the causes of abuse by investigative officers during investigative (search) actions in housing or other property of a person, their subjective and objective factors, and also identifies procedural violations during the relevant investigative actions. The purpose of the study is to analyse, substantiate and develop theoretical and practical provisions related to determining the legal nature of investigative (search) actions in a person's home or other property, to determine the specifics of coercive measures during their conduct and the admissibility of restriction of constitutional rights of a person, and to develop recommendations on this basis for improving the criminal procedure legislation of Ukraine. The solution of such research tasks determines the logic of the material presented in the work: to study the procedural procedure for conducting investigative (search) actions in a person's home or other property, the limits of influence on constitutional rights when applying coercive measures during their conduct, to identify the relevant doctrinal and applied issues and propose ways to resolve them, and also to identify the causes of violations of the law during investigative actions. Methodology. The research methodology is based on the general scientific and special methods of analysis, synthesis, deduction, analogy, comparative legal, systemic and structural methods and modelling used for the conceptual analysis of the concept and role of constitutional human rights exercised and ensured during investigative (search) actions in a person's home, clarification of the essence of the relevant actions, specifics of coercive measures during their conduct, and formulation and justification of amendments to the criminal procedure legislation of Ukraine. The results of the study show that there are many changes in the criminal procedure legislation of Ukraine related to the creation of an optimal model of regulatory framework for conducting investigative (detective) actions, strengthening the legal protection of participants to criminal proceedings, including by increasing the liability of law enforcement officers for improper performance of their official duties. Practical implications. The analysis of these issues helps to determine the limits of influence of the investigating authorities on the private space of the person undergoing procedural actions and to establish the standards that the prosecution must adhere to when conducting procedural actions. Value/originality. Based on the analysis of the criminal procedure legislation of Ukraine, the author develops and substantiates theoretical provisions and practical recommendations which may serve as a basis for amending the legislation regulating the process of conducting investigative (search) actions, obtaining permits for their conduct, and mechanisms for protecting the rights of individuals during such actions.