SPECIAL ASPECTS OF PROCURACY SUPERVISION IN OPERATIVE SEARCH ACTIVITIES

The study of the procuracy activity on the implementation of supervision over operative search activity is very important. The analysis of litigation practice showed that violations detected by the procuracy considerably influence criminal investigations. The paper deals with the problems of the procuracy supervision over the activities of investigative agencies. The author analyzes various acts of prosecutorial response as the legal measures when detecting, eliminating, and preventing violations. The paper considers special aspects of the legal and regulatory framework of procuracy supervision within operative search activity, defines the concept and the place of supervision, specifies the legal power of a procurator when supervising, identifies main violations emerging when carrying out such activity, and gives the recommendations on their minimization. As a part of the study, the author identified the following weaknesses of procuracy supervision in operative search activity: the limitation of constitutional rights of citizens when carrying out operative search activity by the law enforcement officers; the absence of the mechanism of application of the materials of operative search activity in criminal procedure within criminal legislation; inefficiency of procuracy supervision over the operative search activity. To overcome some specified imperfections, the author formulated the following recommendations. It is necessary to organize the proper work of the detective units on the enforcement of all statutory requirements during the criminal intelligence procedure. When carrying out operative search activity, the officers’ activity should correspond to the norms of the law. All operative search activity should be carried out when having adequate arguments only, which meet the purposes and tasks of operative search activity.