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Olena BILICHAK,

Member of the Scientific Advisory Board of the State Bureau of Investigation, Doctor of Law, Associate Professor

INTERVENTION IN PRIVATE COMMUNICATION UNDER THE CRIMINAL PROCEDURAL LEGISLATION OF UKRAINE

There are the theoretical and practical problems of secret investigative (search) actions legal regulation, which are the interference in private communication actualized in the article, as well as the ways of their solution are being suggested. There were the fundamentally new approaches to criminal proceedings which took place in the key of Ukraine’s and the European Union legislation approximation emphasized in the introductory part, taking into account the gradual integration of Ukraine into European space. One of the most resonant innovations of the CPC of Ukraine-2012 was the secret investigative (search) actions institution, that created the prerequisites for the introduction of an unclassified investigation into the domestic criminal justice system.

On the basis of the scientific works analysis prepared in the direction of the research, it was established that the the system of secret investigative (search) activities issues as well as the order of their legal regulation are the subject of broad discussions among the scientists and practitioners. Especially it is true for the introducing in their composition the categories of “intervention in private communication” feasibility. Specialists pay attention to the fact that virtually any of the secret investigation (search) actions regulated by Chapter 21 of the Criminal Procedure Code of Ukraine may contain some elements of interference in private communication.

There are some forms of private communication interference, such as: the removal of information from transport telecommunication networks (Article 263 CCP), the removal of information from electronic information systems (Article 264 CCP), seizure, inspection and withdrawal of telegraph and postal correspondence (st.st. 261, 262 CPC), audio and video control of a person (Article 270 of the CPC) in accordance with the provisions of Art. 258 of the CPC of Ukraine. It was found that the NDSDs differ from the totality of others by the object, which is the private communication, like the information transfer from one person to another personally or by means of communication of any type, as well as the degree of interference in the sphere of private life of a person according to research results.

It is emphasized that the current criminal procedural code is very widely applicable to the normalization of the procedure of secret auditory and visual control activities. In order to specify the provisions of the law, the content of the concepts of “private communication” and private communication interference should be legislated in a normative way, which will help to improve the legal regulation of the procedure for carrying out secret investigators (searches) actions.

Key words: pre-trial investigation, secret investigative (search) actions, private communication interference.

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