SEARCH OF A PERSON AS AN INVESTIGATOR (SEARCH) ACTION THAT REQUIRES URGENTNESS

Abstract

The article analyzes the issues related to the peculiarities of conducting searches of a person's home or other possessions. An analysis of the provisions of the current criminal procedural legislation of Ukraine, which regulate the use of coercion during the search of a person, was carried out. Attention was also paid to the peculiarities of conducting a search during martial law. The problems that arise during the search, including the search of a person, as well as the seizure of things and documents, are indicated. Paragraphs 39-40 of the resolution of the Criminal Court of Cassation as part of the Supreme Court of June 15, 2021 in case No. 204/6541/16 (proceedings No. 51-2172km 19) were analyzed, where the court of cassation stated its position regarding the search of a person before entering information to the Unified Register of Pretrial Investigations. It is emphasized that the rather vague wording or lack of regulation of permitted cases of interference with privacy, the scope and methods of interference is the most unresolved problem in the legislative regulation of compliance with the right to privacy, which gives rise to numerous violations of this right in practice. Every year, Ukrainians become victims of abuse by law enforcement officers. The practice of illegally searching a person, or conducting such a search in violation of established requirements, is widespread. As a rule, this happens at train stations, on the street, in parks and other public places. The best way for a decent and law-abiding citizen to prevent these abuses is to know his rights and responsibilities. About that, attention was paid to the situation when a person who has a certain relationship to illegal actions and has at his disposal things that may be important for clarifying this or that situation. In such cases, receiving such a thing is necessary. It is noted that the solution to this problem is not possible without making appropriate changes to the Criminal Procedure Code.