CAUSING INJURY DURING OPERATION AND SEARCH MEASURES:
SEPARATELY SPECIFIC ISSUES
Authors: Hrynkiv О.О. 
Published: January 2021

The article deals with the issue of identifying and classifying operative-search measures and causing damage during their conduct. The purpose of the article is to find methodological approaches to understanding the operational and investigative measures during which damage is caused and to elaborate the classification criteria.
Attention is drawn to the fact that legitimate damage to the objects of criminal protection, including persons against whom the operative-search measure is conducted, and third parties (third parties), may be caused during the operative-search activities. The restrictions on human rights and freedoms that occur in the course of investigative activities are quite understandable for the persons against whom such measures are taken since their rights are restricted by law, as for third parties, they are subjected to human rights violations.
There is no legal definition of operational-search measures, as well as a legislative classification of such measures, in Ukraine. There is no such definition either in the Criminal Procedure Code of Ukraine or in the Law of Ukraine «On Operational Investigation Activities».
The legal ambiguity of the notion of operative-investigative measures and the lack of their list in the law creates certain difficulties, first of all, in the law-enforcement process. The following definition of operative-search measures is proposed: it’s should be understood by operative-search measures, the system of organizational and practical actions, which are carried out mainly by silence, by the subjects of operative-investigative activity using operative and operative technical means, as well as methods, techniques, and ways, for solving the tasks of investigative activity, in order to identify the circumstances that are relevant to the criminal proceedings and are subject to proof. The positions of scientists on the classification of operational-search activities in the science of operational-search activity are analyzed. It is noted that in the writings of scientists the systematization of operative-search measures in terms of criminal law was practically not carried out. However, some differentiation criteria have some scientific and practical interest. It is noted that in most cases, damage to the objects of criminal protection may be caused during the conduct of operative-search measures. In order to classify operative-search measures, it is proposed to select the limited number of objects of criminal protection that may be harmed during the conduct of operative-search measures. Depending on this feature, all actions provided for in Art. 8 of the Law of Ukraine «On Operational and Investigative Activities», is proposed to divide into two groups – these are operational and investigative measures, which may be detrimental to 1) a limited number of criminal protection objects; 2) an unlimited number of objects that are protected by the law on criminal liability.
Keywords: operative-search activity, operative-search measure, classification of operative-search measures, damage caused.