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Journal of the National Academy of Legal Sciences of Ukraine

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Problems of legal regulation of conducting covert investigative (search) actions as means of criminal procedural proving prior to the issuance of an investigating judge’s order

Oleksandr Starenkyi

Received 28.04.2026, Revised 28.05.2026, Accepted 30.06.2026

Abstract

The article examines the problems of legal regulation of covert investigative (search) actions as means of criminal procedural proving prior to the issuance of an investigating judge’s ruling. It is substantiated that under martial law, increased sabotage activities, terrorist threats, treason, collaboration activities, and other forms of organized criminal activity, the effectiveness of pre-trial investigation largely depends on the possibility of promptly applying covert means of criminal procedural proving. The purpose of the study is to highlight the problems of legal regulation of covert investigative (search) actions as means of criminal procedural proving prior to the issuance of an investigating judge’s ruling and to provide scientifically substantiated proposals for their resolution. The methodological framework of the study includes dialectical, systemic-structural, formal-legal, comparative-legal, and teleological methods, as well as methods of analysis and synthesis. The study is based on the analysis of the provisions of the Criminal Procedure Code of Ukraine, the Instruction on the Organization of Conducting Covert Investigative (Search) Actions and the Use of Their Results in Criminal Proceedings, the case law of the Supreme Court, appellate and local courts, as well as relevant scholarly sources. The study establishes the existence of regulatory uncertainty regarding the scope of application of Article 250 of the Criminal Procedure Code of Ukraine, inconsistency in judicial practice, and competition between the general and special provisions of Chapter 21 of the Criminal Procedure Code of Ukraine. The author substantiates the expediency of introducing a universal model for the application of Article 250 of the Criminal Procedure Code of Ukraine, defining the grounds for conducting covert investigative (search) actions in urgent cases as alternative rather than cumulative, as well as expanding the grounds for their application in cases involving the immediate pursuit of a person who has committed a serious or especially serious crime, and preventing the risks of loss, concealment, or destruction of objects or documents, as well as loss of access to digital sources of information relevant to criminal proceedings. The practical significance of the study lies in the possibility of using the formulated conclusions and proposals for improving the criminal procedural legislation of Ukraine and ensuring the uniformity of law enforcement practice.

Keywords:

covert investigative (search) actions; means of criminal procedural proving; obtaining evidence; establishment of the location of a radio electronic device; surveillance of a person, object, or place; investigating judge’s ruling

https://doi.org/10.31359/1993-0909.2026.33.2.306

Retrieved from Journal NALSU №2, 2026 year

Pages 306-331

References Suggested citation

References

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Suggested citation

Starenkyi, O.S. (2026). Problems of legal regulation of conducting covert investigative (search) actions as means of criminal procedural proving prior to the issuance of an investigating judge’s order. Journal of the National Academy of Legal Sciences of Ukraine, 33(2), 306-331. https://doi.org/10.31359/1993-0909.2026.33.2.306