А. А. Саковський
2020 Juridical science  
The historical and legal preconditions of the legislative regulation of operational and investigative documentation in Ukraine in the context of social transformations and law enforcement reforms are highlighted. The genesis of these activities is considered. The current state of legislative regulation of operational and investigative documentation is described. The directions of its further development and improvement are outlined. The historical stages of origin, formation and development of
more » ... egislative regulation of legislation in the context of operational and investigative documentation, conduct and use of ARI and NSDC in criminal proceedings are singled out, and the own periodization of the researched question is offered: I period - 911–1550 search activities in Ukraine and the formation of a legislative settlement, the emergence of a codified act of "Russian Truth"; II period - 1550–1846 (Cossack or the period of the Polish-Lithuanian-Russian era) - operative-search documentation in the Reformation period is associated primarily with the creation of search units - the prototype of criminal investigation; ІІІ period - 1846–1917 (period of imperial power) - the essence of operative-search documentation in this period consisted in that in the person of the corresponding state official various procedural functions were combined: the investigator who at the same time was engaged in search, the prosecutor and the judge; IV period - 1917–1958 (Soviet period) - the conduct of secret search activities is not regulated by law and was carried out on the basis of directives of the CPSU (b) -CPSU and departmental secret regulations. V period - 1958-1992 (operational-evidentiary period) - the emergence of the term "operational-search activity" in scientific circles, which included search and search-intelligence activities aimed at detecting crimes, as well as to identify persons who are planning commit a crime or are preparing for it, in order to prevent, prevent or stop them; VI period - 1992–2012 (independent period) - legislative consolidation of the ORD through the adoption of the Laws of Ukraine "On operational and investigative activities" (1992), "On the organizational and legal framework for combating organized crime" (1993) put the search activities carried out in the interests of criminal proceedings, on a legal, civilized basis; VII period - 2012 - present (modern, period of reform) - the adoption and entry into force of the CPC of Ukraine and the beginning of a trend towards convergence of the ORD and the criminal process, which corresponds to the world practice of criminal justice.
doi:10.32844/2222-5374-2020-106-4-2.27 fatcat:htkv4z3vbrfunpxlwcohue76ja