Recognition of inadmissibility of evidence obtained in the course of monitoring the commission of an offence in criminal proceeding in the field of official activities

The purpose of the study is to consider problems ensuring admissibility evidence obtained in course monitoring commission an offence criminal proceedings concerning crimes sphere official activities. Attention focused on fact that institute secret investigative (search) actions has a double operational-search and procedural content, since measures were basis (investigative) search by transforming procedure for their implementation, which differs subjects directions further use information obtained. It noted complex underinvestigated essence control over causes during its conduct. was found out Criminal Procedure Code Ukraine defines special criterion inadmissibility crime as result provoking person commit this law enforcement agencies. Based analysis materials proceedings, it established provocation often circumstance excludes evidence, becomes passing acquittals. proved that, according practice European Court Human Rights, exists when officers do not limit themselves passively establishing circumstances person's possible order collect relevant and, if there are grounds it, bring justice, but incite crime, undermining principle fairness proceedings. argues need apply criteria distinguishing permissible interference formed Rights. Typical violations requirements Law considered, entails, particular, insufficient level regulation departmental bylaws conducting recording actions. Such based results judicial include: 1) – cases officials involved, who either employees security agencies, or persons acting behalf, only investigation implicit way, influence subject would otherwise have been committed, make detect is, obtain open (in accordance with Rights); 2) lack proper documents certifying right operational exercise crime; 3) choice methods procedures progress crime. summed up imperfection normative provisions subordinate acts leads tactical errors part prosecution process them. In turn, using court proving it. As result, efforts resources system nullified, constitutional rights be subjected punishment violated until guilt legally proven