The article is devoted to the study of certain aspects of conducting covert investigative (search) actions and investigative (search) actions within so-called “temporary detention facilities”. In particular, attention is paid to the appropriateness of using the term “temporary detention facilities”, as well as to the conduct of priority covert investigative (search) actions (CISAs) and investigative (search) actions (ISAs). Special emphasis is placed on such CISAs as the “establishment of the location of a radio electronic device” (Article 268 of the Criminal Procedure Code of Ukraine) and “surveillance of a person, object, or place in publicly accessible areas” (Article 269 of the Criminal Procedure Code of Ukraine), proposed for use as priority measures in the investigation of criminal offenses and criminal misdemeanors. Amendments to the Criminal Procedure Code of Ukraine are proposed to allow the application of certain CISAs prior to entering information into the Unified Register of Pre-Trial Investigations. The article supports the views of other scholars who advocate the establishment of separate investigative bodies to investigate criminal offenses committed within temporary detention facilities. The insufficiency of personal security measures for participants in criminal proceedings held in temporary detention facilities is also acknowledged.

Key words: temporary detention facilities; pre-trial investigation; investigative (search) actions; covert investigative (search) actions; regime-based nature of places of detention; urgency of investigative actions; criminal misdemeanors; Unified Register of Pre-Trial Investigations; security of participants in criminal proceedings; specialization of investigative bodies.

References

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