CHALLENGES IN IMPLEMENTING COVERT SEARCHES OF PRIVATE PREMISES (AN ANALYSIS OF JUDICIAL PRACTICE)

Abstract

Drawing on judicial practice, this article examines both the theoretical and practical aspects of authorizing and conducting covert searches of private premises, as well as the use of their results as evidence. It analyzes the laws that protect people’s rights against unauthorized entry into homes or other private property. The article also discusses how these covert searches are organized and the legal reasons for conducting them. Significant attention is given to the role of covert searches in achieving the goals of criminal proceedings and examines how the results are used as evidence. The article lists the types of criminal offenses where courts most often approve covert searches of private premises and points out the main issues faced by pre-trial investigators. It explains the challenges and specific issues with using the results of these covert searches as evidence. Drawing on judicial practice, the article identifies the main shortcomings in the authorization and conduct of covert searches of private premises, including: using audio and video surveillance without conducting such covert measure; using audio and video surveillance results in court sentences as if they were obtained during a covert search; conducting covert searches of private premises in the locations that are public under the law; the necessity of other covert investigative measures such as seizing or inspecting correspondence according to Articles 260 and 261 of the Criminal Procedure Code of Ukraine.