Особливості використання протоколів слідчих (розшукових) дій як джерел доказів у кримінальному процесі України

The article provides a description of the legal nature of protocols of investigative (detective) actions as sources of evidence in criminal proceedings, indicates the main problems and suggests ways to improve the practice of their use. The authors emphasize that the protocol of investigative action is an important procedural document that records the results of investigative measures, such as interrogations, searches, inspections of the scene of the incident and other actions that are important for establishing the truth in criminal proceedings. Not only the effectiveness of the investigation, but also the possibility of using the evidence obtained in criminal proceedings depends on the correctness of the protocol. The protocol is one of the main sources of evidence, and its design must comply with the established criminal procedural requirements, in particular, ensure the accuracy and reliability of information. The legal nature of the protocol lies in its significance as a tool for confirming the legality of the actions taken and protecting the rights of persons against whom these actions are taken. The role of the protocol in ensuring transparency and control over the activities of law enforcement agencies is also important, which implies the need for its detailed recording and the possibility of appeal in case of violations. In this regard, it is concluded that improving the legislation on the compilation of protocols of investigative actions is extremely important for ensuring justice and respect for human rights in the criminal process. In addition, attention is drawn to the fact that the protocols of interrogation, search and inspection of the scene of the incident have their own specific features, determined by the norms of criminal procedure legislation, which include requirements for the form, content and procedure for compilation. They record the course and results of investigative (search) actions, as well as the participation of all persons who took part in them, which is necessary to ensure human rights, in particular the right to defense. The authors note the praxeological aspects, which include problems associated with the preparation of such protocols, and suggest ways to improve the existing practice of using protocols of investigative (search) actions as sources of evidence in criminal proceedings.

Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-04-28
Primary Topic
War, Law, and Justice
Type
article
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article

Особливості використання протоколів слідчих (розшукових) дій як джерел доказів у кримінальному процесі України

Scientific periodicals of Ukraine
War, Law, and Justice
article

Особливості використання протоколів слідчих (розшукових) дій як джерел доказів у кримінальному процесі України

article en

Abstract

The article provides a description of the legal nature of protocols of investigative (detective) actions as sources of evidence in criminal proceedings, indicates the main problems and suggests ways to improve the practice of their use. The authors emphasize that the protocol of investigative action is an important procedural document that records the results of investigative measures, such as interrogations, searches, inspections of the scene of the incident and other actions that are important for establishing the truth in criminal proceedings. Not only the effectiveness of the investigation, but also the possibility of using the evidence obtained in criminal proceedings depends on the correctness of the protocol. The protocol is one of the main sources of evidence, and its design must comply with the established criminal procedural requirements, in particular, ensure the accuracy and reliability of information. The legal nature of the protocol lies in its significance as a tool for confirming the legality of the actions taken and protecting the rights of persons against whom these actions are taken. The role of the protocol in ensuring transparency and control over the activities of law enforcement agencies is also important, which implies the need for its detailed recording and the possibility of appeal in case of violations. In this regard, it is concluded that improving the legislation on the compilation of protocols of investigative actions is extremely important for ensuring justice and respect for human rights in the criminal process. In addition, attention is drawn to the fact that the protocols of interrogation, search and inspection of the scene of the incident have their own specific features, determined by the norms of criminal procedure legislation, which include requirements for the form, content and procedure for compilation. They record the course and results of investigative (search) actions, as well as the participation of all persons who took part in them, which is necessary to ensure human rights, in particular the right to defense. The authors note the praxeological aspects, which include problems associated with the preparation of such protocols, and suggest ways to improve the existing practice of using protocols of investigative (search) actions as sources of evidence in criminal proceedings.

Scientific periodicals of Ukraine
Peace, Justice and strong institutions
Openalex Percentile: Top 41%
War, Law, and Justice
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