LEGAL REGIME OF THE SPECIAL TECHNICAL EQUIPMENTS OF SECRET RECEIPT OF INFORMATION

Abstract

The article highlights such a direction of activity in the field of expert support for the investigation of offenses related to the illegal circulation of the special technical equipments of secret receipt of information (STESRI), as forensic examination of STESRI. According to the legislation of Ukraine, special technical equipments (hereinafter – STE) are used in conducting operational-search, intelligence, counterintelligence activities, and implementing measures to combat terrorism by law enforcement and other state bodies within the limits determined by the legislation of Ukraine. Given that the covert receipt and use for any purpose of information about a person without his consent violates the constitutional rights of a person, only authorized persons have the right to perform such actions and in compliance with the established procedure. Today, when during the Russian armed aggression, the Constitution of Ukraine is “put on pause”, control over the use of STE is somewhat weakened, which may lead to a violation of the constitutional rights and freedoms of citizens. When investigating the abovementioned offenses, it is mandatory to conduct an examination to attribute technical means to the STESRI. It has been established that forensic examinations of the STESRI are conducted exclusively in the Security Service of Ukraine (SSU). The current general expert methodology for the study of the STESRI, as well as the developed individual methodologies, are the property of the Ukrainian Scientific Research Institute of Special Equipment and Forensic Examinations of the Security Service of Ukraine (ISEE SSU) and have the access restriction stamp “For official use”, and therefore they can only be viewed in the ISEE SSU by following a certain procedure. Exclusively with the approaches proposed by the legislator, we can talk about ensuring the convention right of a person to a fair trial, enshrined in Article 6 of the European Convention on Human Rights, compliance with the principle of adversarial status of the parties and “equality of opportunity”, according to which each party during the consideration of the case must have equal opportunities, such as obtaining alternative expert opinions, and not have any significant advantages over the opponent. Taking into account all of the above, the feasibility of eliminating the monopoly on conducting the STESRI examination by one institution is justified by providing the scientific and research institutions of forensic examinations of the Ministry of Justice of Ukraine with the opportunity to conduct such examinations.