Directions of improvement of legal regulation of carrying out by the National Police units of operational-search measure «Getting acquainted with financial and economic activity of enterprises»
Naukovyy Visnyk Dnipropetrovs kogo Derzhavnogo Universytety Vnutrishnikh Sprav
The article is devoted to the definition of directions of improvement of legal regulation of carrying out operative-search measure "familiarization with financial and economic activity of enterprises" by units of the National police. It is established that today there is a lack of thorough research on the directions of improving the legal grounds for conducting an operative-search event "familiarization with the financial and economic activity of enterprises" by units of the National Police. It
... is established that familiarization with the financial and economic activity of enterprises is one of the main and effective mechanisms for obtaining and verifying primary information about abuse in the economic and official sphere, which is used by many law enforcement and controlling bodies of the state. However, to date, the said operative-search measure cannot be used to the full extent by the units of the National Police, since the provisions of the Law of Ukraine "On Operational-Investigative Activity" contain separate legislative conflicts and contradictions. It is proved that the interpretation of the existing rule governing the introduction of financial and economic activity of enterprises leads to legal conflict, since it is not clear how the said measure will be carried out for suspected of committing a crime, since in this case criminal proceedings should already be opened, and after its opening, the search operations are terminated. It is established that today the legislator has sufficiently enshrined the issue of familiarization with the financial and economic activity of enterprises, however, in the normative legal acts, insufficient attention is paid to the interpretation of the law regarding familiarization with the financial and economic activity of enterprises. It has been proposed to adopt the Instruction on the Organization and Conduct of Familiarity with Financial and Economic Activities of Enterprises, as well as to introduce responsibility for non-compliance with the legal requirements of officials of the National Police of Ukraine.