The legal institute of operational search activities in Ukraine must be finally liquidated in favor of the institute of secret investigators / investigative actions (NSDD), introduced in 2012, which gives more guarantees of observance of civil rights in carrying out unsanctioned investigative actions.

About this in his article for ZN. UA is written by an expert of the law enforcement reform group Reanimation package of reforms Yevgeny Krapivin. The author notes that on April 4 in the parliament was registered the next draft law "On Operative-Search Activity" (No. 6284), which should replace the outdated law on the SOP. The existing law does not meet either the European standard of private investigative activities, nor the modern acts of Ukrainian criminal procedural legislation.

As the author points out, the current institution of the URD was formed in the middle of the twentieth century, under the conditions of Soviet criminal justice. Today, it contains not only the norms relating to operational search measures, but also the standards for intelligence and counter-prospecting activities, checks on admission to state secrets and other matters.

The expert draws attention to the question of principle - does Ukraine need a separate institution from the criminal process, the ORD in general?.

"While the CCP was in force in 1960. , Which did not provide for the procedure for carrying out unsanctioned actions by law enforcement agencies, the law on the RDD logically complemented the criminal procedure legislation with the relevant norms. In 2012 year. , With the adoption of the new Criminal Procedure Code, the institution of secret investigators / investigative actions (NSDS) in criminal proceedings, provided for by chapter 21 of the Criminal Procedure Code, would have to replace the institution of the PFD in documenting criminal activities. The main unspoken actions are now implemented according to the provisions of the Criminal Procedure Code - the penetration and examination of publicly inaccessible places, housing or other possessions, the location of the radio electronic means, control over the commission of a crime (for example, operational procurement) and others, "reads the article.

Krapivin notes that if law enforcement officers, as a result of unspoken actions, receive information about the crime, it can be brought to the ERDR in the order of. 214 CCP. Instead, investigators are still trying to choose a simpler way - in various forms to revive pre-investigation checks and evade the opening of criminal proceedings for the initiated investigation.

"Thus, today the position of abandoning the Soviet ORD institution in favor of criminal procedural legislation containing a number of safeguards and fuses from violation of human rights, primarily when interfering with private life, seems to be European-oriented," concludes the author.

At the same time, the expert notes that at the political and legal level, the refusal from the institution of the RDD in its entirety is not supported primarily by bodies that have operational units and carry out operational search activities.

The expert, however, points out that a consensus between parliamentarians and the bodies exercising the ORD is possible. To do this, it is necessary at the level of the profile legislation to regulate several activities that remain outside the limits of criminal proceedings and are not aimed at obtaining or verifying the evidence within it.

Read more about the need to repeal the law on operational search activities in the article of Yevgeny Krapivin "Why Ukraine does not need a new law on operative-search activity" in the weekly "Mirror of the Week. Ukraine".