Using of secret cooperation in combating corruption crimes: problematic issues of court practice

It is indicated that, during the investigation of corruption crimes, there is usually a need to conduct covert investigative (investigative) actions in view of the specifics of corruption criminal offenses, a significant level of their latency, committed in the context of a conspiracy, as well as the status of the subjects of these crimes, who in certain cases are aware with the methods of work of law enforcement agencies. The article examines the problematic issues of judicial practice of using secret cooperation in criminal proceedings regarding corruption crimes. It has been established that law enforcement officials, when engaging in confidential cooperation in criminal proceedings regarding corruption crimes, face difficulties related to: 1) risks of disclosing information about persons who carry out tacit cooperation; 2) risks of provocation to commit a corruption crime; 3) procedural registration of a person’s consent to be involved in tacit cooperation in conducting NSRD and the decision of the authorized body. These problematic issues are solved in different ways in operational, investigative and judicial practice and indicate that there are still challenges in combating corruption crimes that require the efforts of both law enforcement agencies and scientists aimed at solving them. It is extremely important to prevent the provocation of a criminal offense by a person involved in confidential cooperation when countering corruption crimes using the institution of tacit cooperation. Despite the fact that there are grounds for not recognizing the obligation of a person’s written consent to involve him in confidential cooperation and conducting NSRD in criminal proceedings regarding corruption crimes, the presence of such consent can still serve as a certain argument in favor of the absence of provocation on the part of the person involved in confidential cooperation and recognition of evidence as admissible.