by this process is based on the norms of law, like all other law enforcement agencies. However, the diverse nature of these activities, specific use of its results determine the specificity of their regulation. legal basis for the use of special equipment - a system of legal rules, by-laws and rules that determine the admissibility or regulate the procedure and conditions of use. rules and regulations are classified into two groups:
) regulations that define the general rights and obligations regarding the use of technical means;
) By-Laws governing the use of certain means of special equipment. first group of regulations are the rules of law, government regulations, which establish general principles, goals and objectives of the ATS, the content of which suggest the permissibility of the use of technology, measures and actions. [5, c.76] of Ukraine "On Militia" from 25.12.90, the
Art. 11 determined that the police to carry out its duties shall be entitled to: perform on the grounds and in the manner prescribed by law, overt and covert investigative operations, photos, film, film and sound recordings, listening to telephone conversations to demonstrate offenses ( paragraph 10); conduct photography, sound recording, film and video, fingerprinting persons detained on suspicion of committing a crime. (P. 11); hold cinema-, photo-and zvukofiksatsiyu as an aid prevention of illegal actions and disclosure offenses (item 12); regulations prescribed use technical means for identifying and fixing violations of traffic rules (В§ 21);
In Article 12 states that the police have the right to use special tools;
In Article 14 stated that the police have the right to use handcuffs, rubber batons, means binding, tear matter, light and distractions of devices, devices for open space and forced stop transport, water cannons, armored vehicles and other special and vehicles and the use of dogs. special vehicle start and intensity of its chastosuvannya determined considering the situation that has arisen, nature of the offense and the offender. list of special tools and rules for their application are established by the Council of Ministers of USSR № 49 from 27.02.91 g, which approved the Rules for application of special means for the protection of public order in Ukraine. and technical methods and tools, from the application of PA preliminary investigation and in court may be recorded source material evidence or annexes found directly reflected in the relevant articles of the Criminal Procedure Code of Ukraine. Procedure Code of Ukraine. to him, the legislator authorizes the investigator to use certain features of special equipment during the investigation. It can be a sound recording, photography, film and video (Article 114 CCP). The law allocated technical methods, results of which can capture evidentiary facts in the process ...
