Secret cooperation during investigation of corruption crimes

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 4; no. 84; pp. 18 - 24
• Main Author: Vovchok, R.Yu
• Format: Journal Article
• Language: English
• Published: 28.09.2024
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2024.84.4.2

The article based on the analysis of scientific sources, outlines the features of the use of secret cooperation during the implementation of secret investigative (research) actions in criminal proceedings regarding corruption crimes. It has been established that this tool significantly increases the effectiveness of undercover investigative (search) actions, and the evidence obtained during the implementation of undercover investigative (search) actions in criminal proceedings of the specified category is often of key importance. It was determined that covert cooperation is usually used during the implementation of covert investigative (search) actions typical for the investigated category, in particular, a special investigative experiment (which is often carried out in combination with audio, video monitoring of a person or audio, video monitoring of a place); examination of publicly inaccessible places, housing or other property of a person; observation of a person, thing or place. It is emphasized that another form of confidential cooperation provided for in Art. 275 of the Criminal Procedure Code of Ukraine, namely, obtaining (and using) information from such persons, is appropriate for use not only during the conduct of all secret investigative (search) actions, without exception, but also during the conduct of other procedural actions within the framework of a pre-trial investigation. Attention is focused on certain problematic aspects of the use of secret cooperation during pre-trial investigation of corruption crimes, in particular, such as the need for clear legislative regulation of the involvement of so-called «other persons» in the conduct of secret investigative (research) actions; inadmissibility of disclosure of information about persons who carry out confidential cooperation; lack of a unified approach to using of the terms «unspoken cooperation» and «confidential cooperation», which is caused in particular by defects in the legislative regulation of this type of activity of law enforcement agencies.