Law Journal of the National Academy of Internal Affairs

The purpose of the article is to analyze foreign experience in the implementation of judicial control over the implementation of the law-enforcement bodies' secret activities. The main goals and the subjects of judicial control during the organization of the secret activity of foreign law enforcement bodies were determined. The directions and peculiarities of judicial control over conducting of secret investigative actions in foreign countries were determined; the correlation between judicial and other types of sanctioning of unauthorized activity in different countries is established; taking into account international experience, revealed problems that arose during the introduction of the judicial control function at the pre-trial investigation stage in Ukraine. Methodology. General scientific and special methods were used as scientific research tools to achieve a certain goal. The methodological basis of the study was the general dialectical method of scientific knowledge, which provided an opportunity to study the legal, functional, organizational and procedural aspects of the implementation of judicial control over the implementation of the unconscionable activities of law enforcement agencies from different countries. Among the special methods of research used the following: historical and legal (to clarify certain aspects of the formation and development of the institute of judicial control in the criminal process); method of system analysis (for the study of legal norms regulating the procedure for judicial control over unclassified activities in criminal proceedings); system-structural (to establish the content of the studied categories and legal phenomena, the formation of a conceptual-categorical apparatus); comparative legal (for a comparative analysis of the regulation of judicial control over the unpopular activities of law enforcement agencies in the legislation of different countries). The scientific novelty of the results obtained is to improve the theoretical understanding of the implementation of judicial control over the unwilling activity at the stage of pre-trial investigation and to carry out a systematic analysis of contemporary world models of such control in order to take into account positive international experience for improving the organization of this area of judicial activity in the domestic criminal justice system. Conclusions. In the overwhelming majority of countries of the world, effective means of overcoming the problem of compliance with the constitutional rights of a person and conducting an informal investigative activity during a pre-trial investigation is the functioning of effective and effective judicial control whose main task is to detect and prevent illegal decisions or to implement unlawfully motivated measures of procedural coercion, which leads to a violation of the basic human rights and freedoms guaranteed by the Constitution. The subject of the implementation of judicial control over the implementation of unconscionable activities in accordance with the legislation of most countries is an investigating judge. Due to the introduction of this institute in the criminal process in Ukraine, the level of protection of fundamental human and civil rights and freedoms during the unlawful activity at the stage of pre-trial investigation in our country as a whole approaches the international standards. At the same time, the implementation of these provisions is characterized by the emergence of a number of problematic aspects. Therefore, the foundations for the functioning of the Institute of Investigative Judges in Ukraine need further reformation and improvement by optimizing and strengthening its capacity, taking into account the positive experience of foreign countries.