PERSONAL SEARCH IN CRIMINAL PROCEEDINGS: PROCEDURAL AND TACTICAL ASPECTS

Abstract

The article is devoted to one of the little-studied types of search in criminal proceedings, which is a personal search.
The article examines the norms of the current criminal procedural legislation, which regulate the conduct of a
personal search. Scientific publications on the practice of its implementation were also analyzed. In particular,
from the procedural and tactical point of view, two types of personal search are analyzed: 1) search of a person
who is in a residence or other property (Part 5 of Article 236 of the Criminal Procedure Code of Ukraine); 2) search
of a person detained on suspicion of committing a criminal offense (Articles 207, 208 of the Criminal Code of
Ukraine). Attention is drawn to numerous violations of procedural regulations and the rights of participants in
criminal proceedings. This gives rise to the submission of motions and complaints (appellate, cassational) by the
defense in court regarding the recognition of the received evidence as improper and inadmissible. The aim is to
determine the order of procedural and tactical actions of authorized officials in typical situations of conducting a
personal search. As a result, a legitimate order of procedural and tactical actions during personal searches of
people who are lawfully present or accidentally found themselves in the premises where the search is being
conducted has been proposed. . It is noted that the search of a person detained in accordance with Article 208 of
the Criminal Procedure Code of Ukraine is not a separate investigative (search) action, but only a mandatory
element of a measure to ensure criminal proceedings. Such a measure is the detention of the suspect without the
decision of the investigating judge, the court. In the conditions of the need to immediately stop a criminal offense
and prevent harm to life, health or property of people, the specified actions of authorized officials should be
considered as urgent. It is concluded that in order to avoid violations of procedural regulations and the rights of
participants in criminal proceedings, it is necessary to develop clear standards and procedures that are
understandable for law enforcement officers. They should describe in detail the algorithms of procedural and
tactical actions of authorized officials in typical situations of conducting a personal search, as well as the
mechanisms of interaction between various law enforcement agencies, services and units. Such provisions will be
an additional guarantee of compliance with the provisions of the law and compliance with the rights of
participants in criminal proceedings.

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