EXPANDING THE GROUNDS FOR AUDIO AND VIDEO SURVEILLANCE OF INDIVIDUALS PRIOR TO THE ISSUANCE OF AN INVESTIGATING JUDGE’S ORDER

Abstract

The current problem of limited legal regulation of audio and video surveillance of individuals in the Ukrainian criminal procedure lies in the fact that the current wording of Article 250 of the Criminal Procedure Code of Ukraine does not permit law enforcement officers to deploy these effective evidence-gathering tools immediately in emergency situations without a prior order from an investigating judge. This creates a legal collision: important covert investigative (detective) measures may be carried out with the prosecutor’s approval only when it concerns monitoring an individual’s movements or data transmission, but explicitly exclude audio and video recording even in cases of threat to life or risk of evidence destruction.The aim of this study is to analyze the gaps in the existing procedure, conduct a comparative- legal examination of the experience of France, Germany, and Italy as well as the practice of the European Court of Human Rights, and develop a draft legislative amendment to Article 250 of the Criminal Procedure Code to introduce a mechanism for emergency audio and video surveillance of individuals authorized by the prosecutor, with subsequent judicial review.The article examines the provisions of Articles 258 and 260 of the Criminal Procedure Code of Ukraine and concludes that it is necessary to expand the list of covert investigative (detective) actions that may be conducted without a court order in urgent circumstances. The literature review confirms that domestic scholars (O.A. Bilichak, M.L. Hribov, D.Y. Nykyforchuk, and V.I. Vasylynchuk) support the need for flexible authorization procedures. International experience demonstrates that, under clear statutory regulation, limited durations, mandatory documentation of motives, and subsequent judicial control, it is possible to combine operational efficiency with the protection of human rights.The proposed model provides: – prosecutor’s authorization for audio and video surveillance in the presence of a direct threat; – mandatory referral to an investigating judge within 24 hours; – detailed documentation of grounds and timeframes; – inadmissibility of evidence if the court refuses authorization.Implementing amendments to Article 250 of the Criminal Procedure Code of Ukraine will ensure timely responses to terrorist or serious crimes while preserving the balance between national security and the right to privacy in accordance with European standards.