Balancing Interests: Criminal Proceedings & Private Life Interference Under Martial Law in Ukraine
The purpose of the Article is to analyze and compare certain aspects which define the limits of permissible interference with a person's private life in the legislation of Ukraine and other countries of the world in terms of ensuring the balance of interests of participants in criminal proceedi...
| Main Authors: | , , , , |
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| Format: | Article |
| Language: | English |
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Cambridge University Press
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832224000129/type/journal_article |
| _version_ | 1797225817445498880 |
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| author | Oleksandr Babikov Valerii Bozhyk Olena I. Bugera Serhii H. Kyrenko Maksym Viunyk |
| author_facet | Oleksandr Babikov Valerii Bozhyk Olena I. Bugera Serhii H. Kyrenko Maksym Viunyk |
| author_sort | Oleksandr Babikov |
| collection | DOAJ |
| description | The purpose of the Article is to analyze and compare certain aspects which define the limits of permissible interference with a person's private life in the legislation of Ukraine and other countries of the world in terms of ensuring the balance of interests of participants in criminal proceedings during covert measures to obtain information related to interference with a person’s private life. The Article uses general scientific and special research methods, in particular comparative legal, scientific categories, definitions and approaches, formal dogmatic (legal), dialectical. On the basis of the conducted research, generalized conclusions were made regarding general trends in the field of reforming the legal regulation of special measures for covertly obtaining information, and ways of their improvement. The forms and methods of departmental, judicial, and public control over the covert activities of law enforcement agencies have been determined separately, and the influence of terrorist threats and military actions on ensuring the balance of interests of participants in criminal proceedings has been investigated. According to the results of the research, ways of solving problematic issues of the regulation of criminal procedural legislation have been determined in order to ensure the balance of the interests of the participants in criminal proceedings during the organization, conduct, recording, storage, and use of the results of covert information-gathering activities. A comparative analysis of the ways of solving a number of legal regulation issues in the field of the use of informal forms of obtaining information, the determination of different approaches to the separation of departmental, judicial, and public control is being carried out for the first time and will provide a comprehensive and systematic approach to the improvement of legislation in the specified field in the conditions of martial law or during anti-terrorist activities. |
| first_indexed | 2024-04-24T14:15:02Z |
| format | Article |
| id | doaj.art-4f77dc2fb2df490eb2f66fe8b8e31534 |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2024-04-24T14:15:02Z |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-4f77dc2fb2df490eb2f66fe8b8e315342024-04-03T08:50:28ZengCambridge University PressGerman Law Journal2071-832212510.1017/glj.2024.12Balancing Interests: Criminal Proceedings & Private Life Interference Under Martial Law in UkraineOleksandr Babikov0https://orcid.org/0000-0003-4473-851XValerii Bozhyk1Olena I. Bugera2Serhii H. Kyrenko3Maksym Viunyk4Department of Criminal Law and Procedure, Kyiv National Aviation University, Kyiv, UkraineEducational and Scientific Institute of Law, Prince Vladimir the Great Interregional Academy of Personnel Management, Kyiv, UkraineDepartment of Constitutional and Administrative Law, National Transport University, Kyiv, UkraineDepartment of Civil and Criminal Law, Institute of Management, Technology and Law, State University of Infrastructure and Technology, Kyiv, UkraineDepartment of Criminal Law, Yaroslav Mudryi National Law University, Kharkiv, UkraineThe purpose of the Article is to analyze and compare certain aspects which define the limits of permissible interference with a person's private life in the legislation of Ukraine and other countries of the world in terms of ensuring the balance of interests of participants in criminal proceedings during covert measures to obtain information related to interference with a person’s private life. The Article uses general scientific and special research methods, in particular comparative legal, scientific categories, definitions and approaches, formal dogmatic (legal), dialectical. On the basis of the conducted research, generalized conclusions were made regarding general trends in the field of reforming the legal regulation of special measures for covertly obtaining information, and ways of their improvement. The forms and methods of departmental, judicial, and public control over the covert activities of law enforcement agencies have been determined separately, and the influence of terrorist threats and military actions on ensuring the balance of interests of participants in criminal proceedings has been investigated. According to the results of the research, ways of solving problematic issues of the regulation of criminal procedural legislation have been determined in order to ensure the balance of the interests of the participants in criminal proceedings during the organization, conduct, recording, storage, and use of the results of covert information-gathering activities. A comparative analysis of the ways of solving a number of legal regulation issues in the field of the use of informal forms of obtaining information, the determination of different approaches to the separation of departmental, judicial, and public control is being carried out for the first time and will provide a comprehensive and systematic approach to the improvement of legislation in the specified field in the conditions of martial law or during anti-terrorist activities.https://www.cambridge.org/core/product/identifier/S2071832224000129/type/journal_articleSecret investigative (research) actionsspecial investigative actionsundercover forms of obtaining informationmartial lawanti-terrorist activitypermission to conduct undercover investigative (research) actionsguarantees of human and citizen rights and freedomsjudicial controldepartmental controlpublic controlinvestigating judgedecisioninterference in private communicationlawyer's secret |
| spellingShingle | Oleksandr Babikov Valerii Bozhyk Olena I. Bugera Serhii H. Kyrenko Maksym Viunyk Balancing Interests: Criminal Proceedings & Private Life Interference Under Martial Law in Ukraine German Law Journal Secret investigative (research) actions special investigative actions undercover forms of obtaining information martial law anti-terrorist activity permission to conduct undercover investigative (research) actions guarantees of human and citizen rights and freedoms judicial control departmental control public control investigating judge decision interference in private communication lawyer's secret |
| title | Balancing Interests: Criminal Proceedings & Private Life Interference Under Martial Law in Ukraine |
| title_full | Balancing Interests: Criminal Proceedings & Private Life Interference Under Martial Law in Ukraine |
| title_fullStr | Balancing Interests: Criminal Proceedings & Private Life Interference Under Martial Law in Ukraine |
| title_full_unstemmed | Balancing Interests: Criminal Proceedings & Private Life Interference Under Martial Law in Ukraine |
| title_short | Balancing Interests: Criminal Proceedings & Private Life Interference Under Martial Law in Ukraine |
| title_sort | balancing interests criminal proceedings private life interference under martial law in ukraine |
| topic | Secret investigative (research) actions special investigative actions undercover forms of obtaining information martial law anti-terrorist activity permission to conduct undercover investigative (research) actions guarantees of human and citizen rights and freedoms judicial control departmental control public control investigating judge decision interference in private communication lawyer's secret |
| url | https://www.cambridge.org/core/product/identifier/S2071832224000129/type/journal_article |
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