Law Journal of the National Academy of Internal Affairs

The purpose of the article is to form the fundamentals for conducting investigative (search) actions, in accordance with the practice of the European Court of Human Rights. Achieving of this goal was to solve the following problems: to disclose the importance of the practice of the European Court of Human Rights in criminal proceedings and directly during investigative (search) actions; to analyze certain decisions of the European Court of Human Rights to be considered while conducting investigative (search) actions. Methodology. The methodological toolkit was chosen considering the aim, the specific character of the object and subject of the research. The general dialectical method of scientific cognition of the phenomena, as well as their relation to the practical activity of the bodies of pre-trial investigation, prosecutor's office and court, is decisive. There following special methods of the research were used: the comparative law method –was used in the analysis of the norms of international and national legislation, decisions of the European Court of Human Rights, scientific categories; historical method in law was used in order to reveal scientific views on particular problematic issues; structural method was used to formulate issues that are solved as a result of investigative (search) actions conducted by pre-trial investigative bodies considering the practice of the European Court of Human Rights. The scientific novelty is that pre-trial investigative bodies are obliged to follow the practice of the European Court of Human Rights and the European Commission of Human Rights regarding decisions both against Ukraine and against other states. The specified practice details the basic principles of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 with the protocols thereto, the consent of which has been given by the Verkhovna Rada of Ukraine. Conclusion. The conducting of investigative (search) actions in criminal proceedings is carried out with the strict observance of the criminal procedural law of Ukraine and in accordance with the practice of the European Court of Human Rights. It is necessary to timely systematize, translate, bring to the subjects of enforcement of the decisions of the European Court of Human Rights, to form on this basis criminalistic recommendations aimed at ensuring the lawful and effective conducting of investigative (search ) actions and to achieve the objectives of criminal proceedings.