Особливості правового регулювання у сфері застосування спеціальних та інших технічних засобів негласного отримання інформації

Ukrainian legal doctrine has developed an approach to the regulatory and legal classification of special and other technical means of covert information acquisition into three groups: a) technical means specially designed, manufactured (including modified) for covert information acquisition when solving operational (intelligence, counterintelligence and operational-search) tasks; b) technical means of general use; c) dual-purpose technical means. The legal principles of the use (application) of special means are determined by legislative acts regulating the activities of bodies granted the right to use them. Special and other technical means are used during operational-search, intelligence, counterintelligence activities, implementation of measures to combat terrorism by law enforcement and other state bodies, in particular the Security Service of Ukraine, intelligence bodies of the Ministry of Defense of Ukraine, the National Police, the National Anti-Corruption Bureau and other subjects of operational-search activities within the limits determined by the legislation of Ukraine. As a set of technical devices, substances, digital media and programs, special and other technical means designed for covert, controlled detection, receipt, recording of information, used to solve the tasks of operational-search, counterintelligence activities and within the framework of criminal proceedings. Special technical means for removing information from communication channels and other technical means of covert information acquisition are technical, hardware-software, software and other means that meet the criteria for belonging to technical means of covert information acquisition, which have the technical support for covert information acquisition (reception, processing, registration and/or transmission) of information, intended for use during operational-search, counterintelligence or intelligence activities in a covert manner. Therefore, an important task of the issue of the use of special and other technical means of covertly obtaining information has not yet been properly regulated in the legislation of Ukraine. Currently, the provisions of national legislation that provide legal regulation in the field of the use of special and other technical means of covertly obtaining information are scattered, fragmented, and in some places contain outdated norms.