首页|Rights and freedoms during covert investigations: Balance between security and personal freedoms

Rights and freedoms during covert investigations: Balance between security and personal freedoms

扫码查看
原文链接
  • NETL
  • NSTL
The aim of this article is to determine and assess the feasibility of using covert investigations against special entities, identifying the risks of unwarranted interference in a person's private life during application of these investigations, and developing general principles of covert investigation to observe fundamental human rights and freedoms. These requirements are enshrined in the criminal procedure legislation of Ukraine, European Union legislation and the legal positions of the European Court of Human Rights (ECtHR). To achieve this research aim, a range of methods was used. A comparative method was used to analyse the international and domestic legislation of Ukraine and other states; a dogmatic method was applied to study the legal positions of the ECtHR on covert investigations; a dialectical method helped to establish the principles of additional guarantees for special subjects; and the general principles of ensuring the rights and freedoms of special entities during covert investigations were analysed. As a result, it is suggested that Ukrainian legislation regarding covert investigations against special entities should be amended and criteria for lawful and unlawful interference in personal communications be introduced.

covert investigationsinterference in private communicationaudio-video controlconfidential informationEuropean Court of Human Rights

Oleksandr Babikov、Andrii V Svintsytskyi、Viktor V Nazarov、Olha I Kosilova、Valerii Bozhyk

展开 >

Department of Criminal Law and Procedure, Kyiv University of Law of the National Academy of Sciences of Ukraine, Ukraine

Ukrainian Scientific and Research Institute of Special Equipment and Forensic Expertise of the Security Service of Ukraine, Ukraine||Department of Criminal Law and Criminology, University of the State Fiscal Service of Ukraine, Ukraine

Department of Criminal Procedure and Criminalistics, Academy of Advocacy of Ukraine, Ukraine

Research Department, Institute of Law, Taras Shevchenko National University of Kyiv, Ukraine

Prince Volodymyr the Great Educational and Scientific Institute of Law, Interregional Academy of Personnel Management, Ukraine

展开 >

2025

10.1177/14613557241259865

International journal of police science and management

International journal of police science and management

ISSN：1461-3557
年,卷(期)：2025.27(1)