CONCEPT OF COVERT INVESTIGATION AND THEIR RELATION TO THE SEARCH MEASURES

Abstract

. The main trends in the development of criminal procedural law in the post-Soviet territory are linked to the interpenetration of the principles of Western law into the post-Soviet criminal process. One of these penetrations is the integration of criminal proceeding and operational-searching activity. In this regard, the author is considering the experience of post-Soviet states, which have made operational-searching activity as procedural, designating it as a covert, special, investigative and other procedural actions. On this basis, the article provides the classification of the post-Soviet model of legal maintenance of operational-searching and criminal proceeding. A variety of terminological definition of covert investigation in the theory and legislation of the post-Soviet states, and in particular in Kazakhstan, results in disputes about the loyalty of their designation as a covert investigative actions. Defining the criteria for covert investigation and expressing his own position by the arsenal of counter-arguments put forward to the proposals available in the science, the author comes to new achievements and results. Formed approach to the definition of covert investigation allowed for their comparison with the investigative measures. Analysis of the provisions of operational-searching and criminal procedure law, as well as the achievements of legal science, eliminated the errors in the determination of search measures and the traditional identification with their investigative actions or operational-searching measures by giving them certain autonomy as a legal institution. In the result of research the author formed conclusions about the novelty of covert investigation for the national criminal proceedings, the possibility of using the term “special” instead of “covert”, as well as set the essence of investigative measures.