THE ROLE OF THE PRINCIPLES OF LAW IN REGULATING THE ORGANISATION AND CONDUCT OF COVERT INVESTIGATIVE (DETECTIVE) ACTIONS IN CRIMINAL PROCEEDINGS

Abstract

The article is devoted to the issues related to the application of the principles of law in the course of organisation and conduct of covert investigative (detective) actions in criminal proceedings. The author examines the essence and meaning of certain principles, studies their nature and determines the degree of influence on the organisation, conduct and use of the results of covert investigative (detective) actions in the interests of criminal proceedings. The components of the constitutional principle of the supremacy of the human being as the highest social value are: life and health, honour and dignity, inviolability and security. The pairing of these components is explained by the high degree of their interdependence and inalienability from each other. The principle of the rule of law and its importance for the construction of the entire national legal system is crucial in terms of the issue raised by the author. According to Article 8 of the Constitution of Ukraine: «The principle of the rule of law shall be recognised and applied in Ukraine. The Constitution of Ukraine has the highest legal force». The author examines the principles of law and their role in regulating this area in the light of the crucial Decisions of the Constitutional Court of Ukraine and the case law of the European Court of Human Rights, in particular, in the context of law enforcement activities related to interference with a person's private life, restriction of secrecy of communication, violation of the inviolability of housing and other human rights and freedoms. The study identifies the importance of the principles of law for ensuring the balance of interests of the State and society and human rights and freedoms in the application of criminal procedure legislation in this area. Methodology. Given the complexity and complexity of the issue raised, the following methodological approaches were used: dialectical, comparative, systemic, functional methods, method of generalisation, analysis, and other general scientific and special legal research methods. Scientific novelty. The study of scientific sources on covert investigative (detective) actions indicates that very little attention has been paid to the issue of application of the principles of law during covert investigative (detective) actions and their role. The purpose of the article is to develop and search for an effective model of the system of legal principles which would ensure the observance of human rights and freedoms during covert investigative (detective) actions in criminal proceedings. Conclusions. The author expresses the opinion that the decisions of the Constitutional Court of Ukraine and the ECHR consistently uphold the legal position that the implementation of the principles of the rule of law, legality, proportionality and legal certainty applies to all aspects of law enforcement activities, and not only to the administration of justice, including during covert investigative (detective) actions, as a measure which may most significantly restrict the rights and freedoms of a person under criminal prosecution.