Taking into account international experience in observing human rights and freedoms when applying special (covert) investigation methods

• Published in: Аналітично-порівняльне правознавство Vol. 3; no. 3; pp. 155 - 161
• Main Authors: Pcholkin, V. D., Fedosova, O. V.
• Format: Journal Article
• Language: English
• Published: 12.07.2025
• ISSN: 2788-6018; 2788-6018
• DOI: 10.24144/2788-6018.2025.03.3.23

The article examines international experience in observing human rights and freedoms when using special (covert) methods of investigation. It is noted that Ukraine’s interest in further integration into the European community necessitates the harmonization of Ukrainian legislation with an orientation towards the protection of human rights and freedoms, the implementation and real establishment of the principle of the rule of law. The purpose of the article is to highlight international experience in resolving problematic issues of observing human rights and freedoms when conducting special methods of investigation of criminal proceedings, taking into account the provisions of the Convention and the decisions of the European Court of Human Rights on their implementation, as well as to provide proposals for the implementation of positive experience in domestic legislation. It is emphasized that within the framework of European integration, there is a convergence of national legal systems, which necessitates the scientific development of common doctrinal views as a legal ideological basis for the application of special investigation methods. It is determined that in the national legal system of Ukraine, “special investigation methods” of crimes are known as “covert investigative (search) actions”. It is stated that the legal regulation of their application is provided for by the criminal procedural legislation of Ukraine in accordance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the decisions of the ECHR. The state of development by domestic scientists of the issues of scientific research on the problems of human rights compliance in the application of covert investigative (search) actions is determined. A list of the most common circumstances that may indicate a violation of human rights in the conduct of covert investigative (search) actions is provided, which include: violation of the right to protection of the person against whom the relevant covert investigative (search) actions was conducted; failure to notify the persons against whom they were conducted; absence in the materials of the criminal proceedings of the decisions of the investigating judge on granting permission to conduct covert investigative (search) actions; provocation by law enforcement officers to commit a crime by using unauthorized methods; conducting covert investigative (search) actions without appropriate grounds; falsification of results or a formal approach to describing the course of conducting covert investigative (search) actions, etc. The international experience of observing human rights and freedoms is analyzed using the comparative legislation of the European Union countries as an example. It is stated that the use of special (covert) methods of investigation is an established practice of both domestic and foreign law enforcement agencies. Based on the analysis of international experience, recommendations have been developed regarding the specifics of taking into account the decisions of the Conventions and the ECHR when conducting covert investigative (search) actions and using the results obtained from them in procedural evidence.