Поняття та ознаки законного спостереження за особою, річчю або місцем

The article is devoted to the problem of improving the definition of lawful surveillance of a person, object or place as a type of covert investigative (search) actions and operative-search measures. Attention was drawn to clarification of some features of the definition of lawful surveillance of a person, object or place in the specified context. A limited list of special technical means for interception of information from communication channels and other technical means for covert obtaining of information, which are used during the conduct operative-search, counter-intelligence measures or covert investigative (search) actions with lawful surveillance of a person, object or place, is given. Understanding of the definition of observation and surveillance in literature are given. It is noted that the essential elements of covert investigative (search) actions and operative-search measures from audio, video monitoring of a person, and audio, video monitoring of a place and surveillance of a person, object or place generally coincide (purpose and task, object, subject, internal content and result), but still there are certain differences. Surveillance of a person, object or place and audio and video monitoring of a place differs from audio and video monitoring of a person by the place of their execution, as well as organizational and tactical features of application. It is stated that the peculiarities of the functioning of special technical means for interception of information from communication channels and other technical means for covert obtaining of information provide grounds for describing the actions of transmitting and receiving video signals in the context of explaining the feature “obtaining information”. The definition of covert investigative (search) actions and operative-search measures with lawful surveillance of a person, object or place is given. It is stated that the regulation of this action in the Code of criminal procedure of Ukraine will contribute to ensuring legality during conduct of covert investigative (search) actions and operative-search measures.