Law Journal of the National Academy of Internal Affairs

The article deals with the essence and the consequences of problems arising in the interdisciplinary space of the criminal process and operative-search activities in connection with the contradiction of the legislative norms concerning the documenting of crimes, the commission of which is only planned. The ways of their solution are offered. The proposals on amendments and additions to the criminalprocedural legislation are formulated. It is substantiated that documenting the commission of an offense concerning which information about its preparation under current legal realities has been received is possible both in the proceedings in the operative-search case of such category and in criminal proceedings (in the monitoring form of the commission of a crime in accordance with the provisions of Art. 271 of the Criminal Procedure Code of Ukraine in combination with other necessary covert investigative (search) actions). How to do it depends on the discretion of authorized subjects. But no matter how they do, the party of defense will be able to find valid grounds to require not to accept the actual evidence obtained by admissible evidence. Therefore, in the Art. 214 of the Criminal Procedure Code of Ukraine it is necessary to outline the possibility to start a pre-trial investigation through information about the preparation for committing a criminal offense entered in the Integrated Register of Pre-trial Investigations clearly. It needs to set out in some detail the Art. 271 of the Criminal Procedure Code of Ukraine, in particular, to improve the concept and content of the control of the commission of a crime consisting of a secret documentary of preparation and attempt on it (with the help of one or a set of covert investigative (search) actions with simulated the actions (events, situations) that correspond to the criminal plan and (or) can testify to its commission) and further open fixation of its commission (with the help of investigative (search) actions). The most effective application of the proposed regulations can be expected in the case of their use by the subject, which combines both the functions of the operative-search activity and pre-trial investigation (for example, a subdivision of detectives of NABU) ‒ simultaneously promoting the specialized (secret) operative subdivision.