INVOLVEMENT OF MINORS IN CONDUCTING SECRET INVESTIGATIVE (SEARCH) ACTIONS: PROBLEM STATEMENT

Abstract

The article analyzes the procedural peculiarities of involving minors by the investigator, prosecutor, or officer of the operational unit in conducting secret investigative (search) actions and justifies the expediency of the theoretical development of the relevant issue for further use in domestic law-making activities. The author made a detailed analysis of the categories of legal capacity and majority as crucial conditions for the involvement of a minor in the conduct of SE(S)A. Standards for establishing the age of criminal responsibility for minors are studied, both in international practice and in national legislation. A description of the foreign practice of involving minors in confidential cooperation with law enforcement agencies is provided, and the possibility of implementing some procedural decisions in domestic legislation is assessed. The author determined the ways of possible improvement of criminal procedural mechanisms for the involvement of minors as confidential sources in the interests of criminal proceedings and their use when conducting SE(S)A. It is justified that the CPC should stipulate that when establishing confidential cooperation with a minor and involving him/her in conducting SE(S)A, as well as when holding meetings with him/her during their implementation, the minor’s legal representative, a psychologist or a teacher (doctor) must be present and hence guarantees the interests of the child, as well as the voluntariness of his/her decisions. The study emphasizes that the prosecutor is responsible for ensuring the participation of the minor’s legal representative and a psychologist during the procedural actions. During meetings with the minor confidant when conducting SE(S)A, the prosecutor should assess the risks for him/her and, in case of actual threats, terminate SE(S)A or initiate its termination before the investigating judge, who allowed the performance of the special task by the minor. Attention is drawn to the need for professional training and specialization of investigators, prosecutors, judges, and operational staff engaged in work with minors as a confidential source.