Нагляд за додержанням законів органами правопорядку, які провадять негласну діяльність

Abstract

The chapter “Supervision over the Observance of Laws by Law Enforcement Agencies Conducting Covert Activities” comprehensively examines the theoretical and practical aspects of prosecutorial supervision in the field of operational-search, counterintelligence, and intelligence activities. It analyzes the transformation of the constitutional function of the prosecutor’s office following the 2016 reform, whereby supervision over operational-search activity was redefined as supervision over covert and other investigative and search actions of law enforcement agencies in accordance with the Constitution of Ukraine. The chapter outlines the sectoral affiliation of this type of supervision, defines its objects, subject matter, and tasks, and identifies the subjects authorized to exercise supervisory powers. It further examines the prosecutor’s powers to ensure legality in the conduct of covert activities by law enforcement agencies, taking into account the provisions of the Law of Ukraine On Operational-Search Activity, as well as the standards established by the European Convention on Human Rights and the case-law of the European Court of Human Rights. Special attention is paid to the methodology of prosecutorial supervision, including review of the legality of initiating operational-search cases, conducting operational-search measures, extending their time limits, suspending, resuming, and closing such cases, and using operational-search materials to initiate pre-trial investigations. The chapter aims to develop a systemic understanding of the mechanisms ensuring a balance between state security interests and the protection of human rights and fundamental freedoms in the context of covert activities.