Methodological Principles of Conducting Investigative (Search) Actions Taking into Account the Practice of the European Court Human Rights

Abstract

The use of ECtHR practice in criminal proceedings and directly during investigative actions provides an impetus to the development of forensic science, demonstrates a purposeful process of adapting national legislation to European Union law, forming common principles of law enforcement and ensuring European integration. The purpose of the scientific article is to form a methodological basis for the use of ECtHR practice during investigative (search) actions. Methodology. To achieve this goal, general and special methods were used, which allowed to take into account the specifics of the object and subject of research (methods of formal logic, as well as special legal methods: comparative law, system-structural, system analysis method, modeling method). Scientific novelty. European standards have been singled out, according to which tactics of investigative (search) actions should be built. It is substantiated that European standards for conducting investigative actions in the context of ECtHR practice (in a broad sense) are enshrined in the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms and the principles set out in ECtHR practice that are binding and their observance by the states that have ratified (implemented) the relevant international treaty. European standards of tactics of investigative (search) actions in the context of ECtHR practice (in the narrow sense) are a system of forensic recommendations, which are formed as a result of international and national legislation, ECtHR decisions, research papers, practical experience aimed at ensuring the objectives of criminal proceedings. Conclusions. It was found that the development of tactics of investigative (search) actions in the context of taking into account the case law of the European Court of Human Rights is that: a) study of ECtHR decisions allows to form forensic recommendations;b) the practice of the ECtHR is a source of tactics based on the experience of foreign countries;
c) by analyzing the situation presented by the applicant and interpreting it by the ECtHR, it is possible to develop tactics and forensic recommendations appropriate to the investigative situations of the investigation.

Keywords: criminal proceedings; forensic recommendation; tactics; investigator; European standards.