HUMAN RIGHTS AND FREEDOMS IN ACTIVITY SECURITY SERVICES OF UKRAINE: ISSUES OF GUARANTEES
Authors:   National Academy of the Security Service of Ukraine, Kyiv, Ukraine, Pohoretskyi M.M. 
Published: April 2024

The article substantiates that the guarantees of rights and freedoms in the activity of the Security Service of Ukraine are: the procedure established by legislation and departmental legal acts for conducting counter-intelligence, operative-search, administrative and criminal-procedural measures by authorized structural units and their officials; effective departmental control, prosecutorial supervision, judicial, parliamentary, presidential and public control over the activities of the SBU; high professionalism and intolerance to corruption of all SBU employees; independence of the court in Ukraine. It is proven that in connection with the reform of the Security Service of Ukraine, an urgent question arises about the need for scientific research devoted to the development of guarantees of human rights and freedoms in the activities of the SBU and, on their basis, the development of relevant legal norms and their inclusion in the project of new Laws of Ukraine «On the Security Service of Ukraine», «On counter-intelligence activities», «On operational and investigative activities». At the same time, it should be taken into account that the practice of the European Court of Human Rights in verifying the legality of operational-search measures, counter-intelligence measures and covert investigative (search) actions shows that the right of the state to covert (secret) interference with the rights of citizens is recognized as permissible in if two conditions are met: 1) the intervention was carried out exclusively in the interests of national and public security or economic well-being of the country, to prevent riots or crimes, to protect health or morals, or to protect the rights and freedoms of other persons (Part 2 of Article 8 of the Convention on the Protection of Human Rights and fundamental freedoms); 2) if the intervention takes place in accordance with the law and is necessary, that is, in a way determined by a regulatory act of a non-departmental nature, but by law. It is proposed in the draft laws of Ukraine «On counter-intelligence activities» and «On operational and investigative activities» to provide for the duty of authorized bodies to notify a person whose constitutional rights were temporarily restricted during the period of the special administrative procedure or special administrative procedure, respectively, of such intervention, which will be an additional guarantee of ensuring effective control and legal protection of citizens. The current laws of Ukraine «On investigative and counter-intelligence activities» and «On counter-intelligence activities» do not fully guarantee the rights and freedoms of citizens, since persons who were subjected to investigative or counter-intelligence activities, due to their ignorance, do not have the opportunity to appeal actions related to interference in their personal life or communication. This, in turn, leads to the risk of abuse of office and violation of the rights and freedoms of citizens on the part of authorized persons to conduct investigative or counter-intelligence activities.