The Law of Ukraine
On Operative Investigation Activity
Date of Entry into Force:
March 27, 1992
Adoption of this Law allows to determine the procedure and grounds of conducting operative investigation activity in Ukraine. According to the Law operative investigation activity is a system of open and secret searching, intelligence service and counterespionage measures performed using operative and operative technical means.
Operative investigation activity shall be performed only by operative departments of:
- the Ministry of Internal Affairs - criminal, transport and special militia, special departments to combat organized crime, court militia;
- the Security Service of Ukraine - intelligence service, counterespionage, military counterespionage, departments for protection of national state regime, special departments to combat corruption and organized crime, operative technical, internal security, operative documents, fight against terrorism and protection of participants of criminal legal proceedings and staff of law-enforcement bodies;
- the State Frontier Service of Ukraine - investigation body, departments for state frontiers protection and Sea Protection, ensuring internal and personal security, operative documents as well as operative technical bodies;
- Department of State Defense - department for operative ensuring of protection;
- Bodies of State Tax Service -operative departments of tax militia;
- bodies and establishments of the State Department of Ukraine on Punishment Execution - operative departments
- intelligence body of the Ministry of Defense of Ukraine - operative, operative technical of own security.
Thereto it is pointed out that conducting operative investigation activity by other departments of the above mentioned bodies, departments of other ministries, public, private organizations and persons shall be prohibited.
According to the Law, grounds for conducting operative investigation activity shall be, in particular:
- availability of sufficient information requiring examination by means of operative investigation measures and means;
- inquiries of the authorized state bodies, establishments and organizations on examination of persons due to their access to state secret, work with nuclear materials and on nuclear plants;
- need to get reconnaissance information with the purpose of protecting society and state.
It shall be prohibited to make decisions on conducting operative investigation measures in case of the above mentioned grounds absence.
The departments conducting operative investigation activity shall be entitled to:
- conduct control purchase of goods, things and substances in order to reveal facts of illegal actions;
- participate in audit of financial economic activities of enterprises, institutions, organizations and separate persons;
- conduct measures in order to capture criminals, stop crimes, reconnaissance disruptive activities of special services of foreign states, organizations and separate persons;
- secretly reveal and record traces of crime, documents and other things that may be evidences of such crime preparation or commitment or get reconnaissance information also by means of penetration of operative worker in buildings, transport vehicles, on land plots;
- penetrate in the criminal gang of secret agent of operative department or a person who cooperates with him/her keeping in secret reliable information concerning his/her personality;
- obtain information from communication means, use other technical means of getting information;
- control selecting by separate features telegraph postal items of mail;
- conduct visual observation in public places using photo, film, video shooting, optic and radio equipment, other technical means;
- have open and secret staff and workers who are not in the permanent staff;
- create with conspiracy purpose enterprises and organizations;
- apply means of physical influence, special means and fire-arms.
Secret penetration in accommodation or other property of the person, obtaining information from communication means, control of correspondence, telephone conversations, telegraph and other mail, use of other technical means of getting information shall be conducted only on decision of court.
Operative investigation measures shall be carried out after bringing in operative investigation case. The Law sets terms of operative investigation cases conducting and reasons for their closing.
Bodies of state power, enterprises, establishments and organizations shall promote operative departments in solution of issues related to operative investigation activity.
The Law establishes that received as a result of operative investigation activity information referring to a man's private life, honor, dignity shall not be subject to keeping and shall be eliminated, if it does not contain information about commitment of prohibited by law actions,. Exception is the information related to the acts of terrorism.
The Prosecutor General of Ukraine, public prosecutors of Autonomous Republic of Crimea, regions, cities Kyiv and Sevastopol shall supervise observation of laws during operative investigation activity.