PROBLEM ASPECTS OF INTERACTION BETWEEN THE INVESTIGATOR AND AUTHORIZED PERSONS OF THE OPERATIONAL UNITS WHICH CAUSES INVESTIGATORS TO MAKE ERRORS

Abstract

Aims. The article is devoted to the study of the legal aspects of making mistakes by the investigator during the improper interaction of the investigator with the authorized persons of operational units. The scientific article used the methods of analysis, synthesis, abstraction, generalization, induction, deduction. The results. The researched legislative regulation of investigative (search) actions by operative units based on an investigator’s mandate, highlighted the problems during the implementation of such a resolution, namely: ignoring the provisions of the mandate by an authorized person of the operational unit, the absence of a real mechanism for bringing legal responsibility for non-fulfillment, or improper execution of the mandate on conducting investigative (search) actions. Particular attention is paid to the inadequate quality and reliability of the information received by the authorized persons of the operational units, which in this article is referred to as the error of the operational worker, which in the future, without the necessary control over the activity of the latter, can transform into the error of the investigator. Conclusions. The article points out the lack of a legal mechanism in the criminal procedural legislation to bring authorized persons of operational units to legal responsibility for non-fulfillment or improper fulfillment of the provisions of the mandate, which cannot contribute to the effective implementation of all the provisions of the resolution. It is proposed to make changes and additions to the provisions of Part 2 of Art. 39 of the Criminal Procedure Code of Ukraine and to establish a clear control over the execution of the mandate in accordance with Article 40 of the Criminal Code of Ukraine and to place on the head of the pre-trial investigation body personal responsibility for the speed and completeness of the execution of such a resolution by the authorized person of the operational unit, and also to place personal responsibility on the immediate head of the authorized person of the operational unit responsibility for the quality, completeness and reliability of the information received during operational investigative activities by his subordinates.