The role of operational and investigative activities in identifying, investigating and disclosing the unlawful benefit of service persons
Authors: Sukhachova I. 
Published: March 2020

It is necessary that with the adoption of the CPC of Ukraine in 2012, which introduced the Institute of Secret Investigative (covert) actions and with the introduction of the amendments and additions to the law of Ukraine "on operational-search activity", significantly changed the relationship between Investigative activities and criminal proceedings. The current legislation, in contrast to the previous one, provides for the possibility of using the operational investigative materials only at the initial stage of the pre-trial investigation and only in some cases – on the future (at the search ad Suspect). At the same time, in practice, in some cases, the use of operational investigative materials for the initiation of pre-trial investigation was unjustified, which is one of the reasons for failure to detect, investigate and disclose the receipt of Undue benefit of official persons.

The purpose of the article is reveals the role of operational and investigative activity in detection, investigation and disclosure of illegal benefit.

The list of grounds for the HORDES and sources of obtaining relevant information is revealed. It is concluded that the assessment of material HORDES is to determine the degree of conformity (inconsistency) Act (events), information about which (Y) received and recorded in the materials of ORD, criminal legal norm, which sets the signs of illegal benefits. The assessment of the ORD's materials envisages establishing the legality of obtaining materials by the Operational division, adherence to the established procedure of registration, transfer of materials and suitability of their use (regarding affiliation, admissibility and reliability) in the Criminal proceedings. Such an estimation of the ORD materials, which are directly involved in the materials of pre-trial investigation, is of particular importance. Noted that the current criminal procedural law does not contain the notion of operational and investigative activities, but defines only the directions of their use, which complicates their use in criminal proceedings. In the current CPC of Ukraine, the legislator does not provide for the identification of reasons and grounds for initiating pre-trial investigation. Operational investigative materials to start pre-trial investigation can only be realized through such an excuse as an independent identification by an authorized person from any source of circumstances that may indicate the committed criminal (Part 1 of Article 214 of the CPC of Ukraine). It is concluded that, despite the fact that the Institute's role of Covert investigative investigative actions is constantly growing in criminal proceedings as one of the main means of obtaining evidence in criminal proceedings on the receipt of unlawful benefit by the service person. , however, the role of operational and investigative activities also continues to play an important role in identifying, investigating and disclosing the crime in the current CPC of Ukraine. The existence of two jurisdictions of the unspoken detection, investigation and disclosure of crimes, including the receipt of illegal benefit by the official, is not effective and needs to be in the long run of merging the functions of HORDES and pre-trial investigation into investigative Activity.