Проблемні питання організації оперативно-розшукової діяльності в екологічній сфері

The scientific publication explores problematic issues related to the possibility of the police using operational and investigative measures in the prevention, detection, and cessation of criminal offences against the environment. With reference to the Directive of the European Parliament and of the Council of the European Union of 13.03.2024 on the protection of the environment through criminal law, the need to protect the environment as an important component for the protection of constitutional human and civil rights is emphasised. It is noted that despite the importance and direct impact of a healthy, clean, and sustainable environment on ensuring fundamental human rights, there are currently some gaps in its protection and defence due to the opportunities provided by operational and investigative activities. It is emphasised that the current legislation in this area does not fully meet today’s requirements, taking into account the development of technologies, new forms and methods of committing criminal offences. In particular, due to the fact that only every fifth criminal offence against the environment is serious or especially serious, most of them do not have grounds for conducting operational and investigative measures. At the same time, a feature of criminal offences of this category is that the main principle of distinguishing their severity is the consequences that have already actually occurred. The need to expand the list of grounds for conducting operational and investigative activities regarding criminal offences against the environment are substantiated, in particular, determining an additional ground for causing serious consequences, including significant material damage, by such offences. The need for regulatory regulation of the procedure for creating and using digital persons (avatars), including confidants, to perform tasks of operational and investigative activities and criminal proceedings are argued. Coordination of its use with the prosecutor who oversees the legality of operational and investigative activities is required.