Teremetskyi Vladyslav, Tataryn Ihor, Kovalenko Volodymyr, Yakovenko Mykola, Udovenko Zhanna, Salmanov Оleksii. Phenomenon of interference with private communication as the category of theory and practice of criminal proceedings
The paper is focused on theoretical substantiation of the interference with private communication while conducting covert investigative (search) actions as a category of criminal process. The analysis of theoretical and legal sources in the sphere of this scientific research leads to the conclusion, that provisions of the Criminal Procedural Code of Ukraine have established such a fundamentally new concept in Ukrainian criminal procedural law — the interference with private communication. The systematic source analysis of scientific works and dissertations on the topic of the research shows that law and scientific backgrounds of the interference with private communication were studied fragmentary, existing scientific works, which covered the features of conducting the interference with private communication, have not solved the problem to lay its law and theoretical foundation, the independence of its existence as a criminal procedural legal category also has not been proved yet. The intensification of efforts to study the problems of legal and organizational backgrounds of the interference with private communication while conducting covert investigative (search) actions has not led to a comprehensive study of theoretical foundations for improving its implementation mechanism. In order to establish the specificity of the content of the interference with private communication, improving the conceptual and categorical apparatus of the research, a number of definitions have been formulated, in particular: the interference with private communication; the principles of the interference with private communication; the means of the interference with private communication. The focus is on defining the legal nature and grounds for the interference with private communication. In order to study the conceptual principles of the private communication interference while conducting covert investigating (search) actions, the principles were systematized as fundamental principles of its legal and organizational support. Theoretical and legal substantiation of the means of the interference with private communication was carried out and scientifically substantiated proposals were formulated aimed at improving the legal basis of the interference with private communication while conducting covert investigating (search) actions.
