ORGANIZATIONAL AND LEGAL PRINCIPLES OF ACTIVITY OF PRETRIAL INVESTIGATION BODIES
УДК 342.951
ORCID: 0000 0001 8788 4002
DOI 10.37566/2707-6849-2022-1-2(38-39)-16
Larisa KOVALENKO,
Associate Professor of the Department of Administrative Law and Administrative Activities of Yaroslav the Wise National University of Law, Doctor of Law, Professor
ORGANIZATIONAL AND LEGAL PRINCIPLES OF ACTIVITY OF PRETRIAL INVESTIGATION BODIES
The article reveals the essence of the organizational and legal basis of the activity of pretrial investigation bodies. The scientific conclusions regarding the organizational and legal basis of the activity of pre-trial investigation bodies were analyzed. The main areas of research of scientists who at various stages were engaged in the study of problems related to the general characteristics of the organizational and legal foundations of pre-trial investigation bodies were studied. It is substantiated that the organizational and legal principles of the activities of pretrial investigation bodies determine the dynamics of the implementation of the goals of these bodies through a system of actions, operations that change, develop and improve, thanks to which the goals and the tasks and functions of the pretrial investigation bodies are manifested. The organizational and legal principles of the activity of pre-trial investigation bodies are characterized by continuity, cyclicality, carried out simultaneously in different directions. The analysis of the content of the organizational side of the activity of pre-trial investigation bodies shows that the organizational and legal basis of the activity of pre-trial investigation bodies is the activity of subjects united in a certain organizational structure (pre-trial investigation bodies and their employees), which is aimed at solving practical problems and achieving the goals set before the system of pre-trial investigation bodies by implementing the necessary types of activities based on the defined principles of administration, with the use of appropriate administration methods. It is emphasized that the study of the organizational and legal foundations of the activity of pretrial investigation bodies allows to determine the optimal ways of development and modernization of the law enforcement sphere to European standards. Attention is focused on the fact that in the current military state of the state, the issues of ensuring the proper organization of the activities of pre-trial investigation bodies, the implementation of the state security policy, the creation of legal and organizational mechanisms of public-private partnership regarding the above-mentioned issue by stimulating and involving the nonstate sector in solving law enforcement problems, regulating at the legislative level all forms of public-private partnership in the law enforcement sphere.
Key words: investigators of the National Police, security agencies, the State Bureau of Investigation, detectives of the Bureau of Economic Security.
References
Communication strategy on issues of Euro-Atlantic integration of Ukraine for the period until 2025: approved by Decree of the President of Ukraine No. 348/2021 of 08/11/2021. URL: https://zakon.rada.gov.ua/laws/show/348/2021#Text [ukr.].
Instructions on the organization of cooperation of pre-trial investigation bodies with other bodies and units of internal affairs in the prevention, detection and investigation of criminal offenses: approved by the order of the Ministry of Internal Affairs of Ukraine No. 700 of 08/14/2012. URL: https://zakon.rada.gov.ua/laws/show/ z0937-17#Text [ukr.].
On approval of the Procedure for electronic information interaction of the Office of the Prosecutor General and NABU (joint order of the Office of the Prosecutor General and NABU dated 08.02.2022 No. 21/20. URL: https://zakon.rada.gov .ua/laws/show/ v0371905-21#Text [ukr.].
Ministry of Internal Affairs order No. 357 dated 04/27/2020 on the approval of the Instructions on the organization of response to applications and reports of criminal, administrative offenses or events and operational information in the bodies (units) of the National Police of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/z0443- 20#Text [ukr.].
The order of cooperation between the National Anti-Corruption Bureau of Ukraine and the Ministry of Internal Affairs regarding the exchange of information on the registration of wanted persons from April 24, 2017 No. 99-0/335. URL: https:// zakon.rada.gov.ua/rada/show/v0099886-17#Text [ukr.].