PECULIARITIES OF THE INVESTIGATOR'S INTERACTION WITH THE OPERATIONAL SUBDIVISIONS OF LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ILLEGAL REPRODUCTION AND RESTRICTIONS
Centre for European Reforms Studies: Grand Duchy of Luxembourg
The article considers the peculiarities of the investigator's interaction with the operational units of law enforcement agencies in the investigation of illegal reproduction and distribution of computer programs. The author analyzed the scientific approaches to the definition of the investigative task force as one of the most effective forms of interaction of the investigator with the operational units of law enforcement agencies. The article considers the opinions of scientists on the prerequisites for the creation of investigative teams in criminal proceedings on various types of criminal offenses. The provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights and their impact on the investigation of illegal reproduction and distribution of computer programs are analyzed. It is pointed out that the current legislation of Ukraine does not indicate the possibility of using the data obtained as a result of investigative (search) actions in the preparation and conduct of operational and investigative measures. The general preconditions of creation of the investigative and operative group, namely complexity of criminal proceedings are investigated; a large number of persons who are prosecuted in such proceedings, or when criminal offenses are committed in different places, sometimes far from each other, which in turn does not allow the investigator to complete the investigation within the statutory period; large-scale criminal proceedings that require a large number of investigative (search) actions; the special importance of criminal proceedings and the need to complete the investigation as soon as possible; the need to conduct investigative (search) actions simultaneously in several places; mostly not manifested in criminal proceedings concerning the illegal reproduction and distribution of computer programs. It is proposed to amend the Criminal Procedure Code of Ukraine, which would provide for the creation of an investigative task force with special significance for criminal proceedings for the state. The author came to the conclusion that during the investigation of illegal reproduction and (or) distribution of computer programs mutual informing of the investigator with operative-investigative information, as well as an acquaintance of the operative with the available investigative information will favorably affect the results of investigative actions and operative-investigative measures. also during the investigation as a whole.
investigative task force, illegal reproduction, and distribution of computer programs, investigator, the operational unit of law enforcement., слідчо-оперативна група, незаконне відтворення та розповсюдження комп'ютерних програм, слідчий, оперативний підрозділ правоохоронного органу.
Shkuta О. PECULIARITIES OF THE INVESTIGATOR'S INTERACTION WITH THE OPERATIONAL SUBDIVISIONS OF LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ILLEGAL REPRODUCTION AND RESTRICTIONS. European Reforms Bulletin: international scientific peer-reviewed journal: Grand Duchy of Luxembourg. 2021. № 2. P. 101 - 105.