Prosecutor's supervision over the legality of investigative activities: some questions

Prosecutor's supervision over investigative activities is to ensure the rule of law, protection of rights and freedoms of individuals by identifying and addressing any violations of the law and prosecuting the responsible. Prosecutor's supervision over the legality of investigative activities currently represents a separate line of prosecutor's supervision within a particular branch -prosecutorial supervision over the execution of the laws by carrying out operational search and investigation of crimes. However, unlike other prosecutorial activities within the branch, it has substantial specificity due to the peculiarities of the investigative activities that involve covert violations of the constitutional rights of citizens. When supervising, the prosecutor sometimes has an administrative power - in cases stipulated by the current legislation, they can act as a subject initiating investigative activities. In addition, supervision involves the actual use of procedural powers of the domestic prosecutor. To increase the efficiency of prosecutorial supervision over the legality of investigative activities it is necessary to: 1) create a system of rules for the legalization of the results of investigative activities as evidence in criminal proceedings; 2) develop a system of judicial control over the bases of the search operations. All these changes in the criminal law and investigative activities should be carried out taking into account the expansion of powers of the Prosecutor in the exercise of prosecutor's supervision. By the Law on Public Prosecutor's Office, the subject matter of prosecutorial supervision over investigative activities includes observance of the rights and freedoms of man and citizen, the established order of investigative activities, as well as the legality of decisions made by the bodies engaged in these activities. Since the practice of decision-making, as well as conducting search operations, is influenced by departmental regulations, assessment of their compliance with the law is the direct responsibility of the prosecutor. In addition, it is necessary to amend the Law on Investigative Activities; it should give the prosecutor the right to cancel directly unlawful decisions of bodies carrying out investigative activities, which will provide for prosecutorial supervision more efficiently and at a higher level.

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