LEGAL GUARANTEES OF THE PROTECTION OF PRIVATE LIFE IN THE CONDUCT OF COVERT INVESTIGATIVE (SEARCH) ACTIONS IN THE CRIMINAL PROCEDURE OF UKRAINE: INTERNATIONAL STANDARDS AND THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The purpose of the article is to examine the legal guarantees of the protection of private life during the conduct of covert investigative (search) actions in the criminal procedure of Ukraine, as well as to analyze international standards and the case law of the European Court of Human Rights regarding the admissibility of state interference in the private sphere of an individual.

The relevance of the study is обусловлена (driven by) the need to ensure a balance between the effectiveness of criminal prosecution and the protection of fundamental human rights, as the use of covert procedural measures involves significant interference with private life.

The article analyzes the legal nature of covert investigative (search) actions as a form of procedural interference in the private sphere and determines their place within the system of criminal procedural evidence. Particular attention is paid to judicial control as a key guarantee of the protection of human rights and freedoms, as well as to the powers of the investigating judge in deciding on the authorization of such actions.

The study examines international standards for the protection of the right to respect for private life and the case law of the European Court of Human Rights, in particular the approaches to assessing the legality, necessity, and proportionality of interference. It is established that the effectiveness of legal guarantees largely depends on the substantive nature of judicial control and the proper application of the principle of proportionality.

Research methods: the study employs a combination of general scientific and special legal methods, including the formal-legal method for analyzing the norms of Ukrainian criminal procedural legislation, the comparative-legal method for comparing national regulation with international standards and the case law of the European Court of Human Rights, and the systemic-structural method for determining the place of covert investigative (search) actions within the system of criminal procedural evidence. Results: it has been established that the effectiveness of legal guarantees for the protection of private life during the conduct of covert investigative (search) actions depends on the substantive nature of judicial control and the proper justification of the proportionality of interference. A tendency toward the formalization of judicial control and insufficient substantiation of the necessity of interference in the private sphere has been identified. Discussion: the obtained results indicate the existence of problems in ensuring effective judicial control, which does not fully comply with the standards of the European Court of Human Rights. This necessitates the improvement of Ukrainian criminal procedural legislation and its application in order to ensure an appropriate balance between the interests of criminal justice and the protection of human rights.