Development of new changes to the Law of Ukraine "About operational search activities" – among the priorities of the NAIA
20-03-2021On March 19, the National Academy of Internal Affairs hosted a meeting of the interdepartmental scientific-practical round table to discuss the prospects for improving the legislation in the field of operational units.
The event was co-organized by the Verkhovna Rada Committee on Law Enforcement.
Despite the quarantine restrictions, it was possible to involve to the professional discussion the heads and specialists of the following organizations: operational services of the National Police, security and foreign intelligence services, tax and penitentiary services, State Bureau of Investigation, State Border Guard Service, Ministry of Defense, State Security Administration, NABU, bodies of the prosecutor's office and court, scientists of specialized educational institutions and research, international experts, in total – more than 150 participants.
The topic of the round table was chosen not by chance, because the improvement of the legislative support of Operational and Investigative Activities for NAIA remains among the priority tasks. On the eve of the 100th anniversary of the institution, it is important to note that this professional specialization was assigned to the Academy in the early 60's of last century. At the same time a profile Department of Operational and Investigative Activities was founded.
Opening the round table, the Rector of the Academy, Police General of Second Rank Volodymyr Cherniei, noted that the problems of combating crime in Ukraine are becoming increasingly important. At the same time, the legislative regulation of law enforcement agencies does not always meet modern challenges. Some provisions of the law inhibit (and sometimes block) the use of available forces, means and methods (including technical, analytical and covert), preventing the timely detection of crimes. As a result, it is not possible to ensure aggression in the fight against crime. For the most part, law enforcement officers only react to the fact of a criminal offense, instead of preventing it at the stage of preparation or commitment. In today's conditions, such activities as operational prevention, proactive search and operational support of criminal proceedings, were essentially outside the legal regulation (it is no coincidence that there are still discussions whether to consider of Operational and Investigative Activities a science).
Concluding his speech, Mr. Cherniei recognized the urgent need to consolidate the intellectual efforts of specialists, representing the subjects of the Operational and Investigative Activities, the legislative and judicial branches of government, as well as the relevant scientific schools. To this end, he proposed to create at the Academy a working platform to discuss proposals for the preparation of a new version of the basic bill, as well as draft relevant legislation.
Deputy Head of the Office of the President of Ukraine Oleh Tatarov, shared the proposal to establish (on the basis of the NAIA) an inter-agency group to work on draft to the Law of Ukraine "About operational search activities". He stressed on the need to synchronize its provisions with the current Criminal Procedure Code of Ukraine.
Deputy Chief of the Main Investigation Department of the National Police of Ukraine, Police Colonel Ruslan Dudarets noted that the issues of prompt response to violations of the rights and freedoms of citizens, their rapid recovery, prevention of criminal offenses, detection of latent acts, as well as the disclosure of crimes "by fresh-track" cannot be carried out effectively without the use of means and methods of Operational and Investigative Activities. Therefore, the specialists of the Main Investigation Department are ready to join the development of a new version of the bill.
The representative of the Committee of the Verkhovna Rada of Ukraine on Law Enforcement Activities, People's Deputy of Ukraine Volodymyr Zakharchenko, testified to the importance of the scientific event at the stage of updating the legislation in the sphere of the criminal justice system activity. Volodymyr Baranets, Deputy Head of the Committee's Secretariat, noted the efforts of the Academy, which traditionally plays a key role in organizing the legislative process.
"It is extremely important that scientific developments are applied in practice, that all developments are not only theoretical, but also actively implemented and useful to society," – added Volodymyr Martynenko, Chairman of the Public Council at the Ministry of Internal Affairs of Ukraine, Member of the Board of the Ministry of Internal Affairs of Ukraine, Adviser to the Minister of Internal Affairs.
Adviser to the Minister of Internal Affairs, former Chief of the National Police of Ukraine, General of Police First Rank Serhii Kniaziev thanked for the invitation to join the discussion of an extremely important topic and outlined priority areas for improving the legislative support of operational units in modern conditions.
The key event of the scientific meeting was the presentation of the concept of the draft Law of Ukraine "About operational search activities", which was presented by the Head of the Department of Operational and Investigative Activities of the NAIA, Police General Serhii Tikhonov.
As a result of the discussion of the concept and fruitful exchange of views, specific organizational decisions on the further direction of work on the bill were made.
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