The covert cooperation in the mechanism of ensuring human rights

Abstract

The urgency lies in the fact that uninformed cooperation is not effectively used to protect human rights from unlawful encroaching, and sometimes harms these rights. This is largely due to the unsystematic nature of legal regulation. Systematic regulation of covert cooperation should be based on an ideological basis that would ensure its focus on the fulfillment by the state of the basic obligation to ensure human rights. The development of such a system of legal regulation of the use of covert cooperation should be based on the proper theoretical foundation: the reasonable role and place of covert cooperation in the mechanism of human rights protection. Creation of such foundation is the purpose of this research. The study uses the general dialectical method of scientific knowledge of real phenomena, their relations with practical activity of law-enforcement agencies, as well as general scientific and special methods of legal science. The covert cooperation is subject to legal regulation at all stages included in the dynamic dimension of the mechanism of human rights protection, defendant and realization. At the stage of human rights protection, the covert cooperation is embodied in measures aimed at prevention of criminal offenses, clarification, prevention or elimination of the causes of them. At the stage of human rights protection, the covert cooperation is used to restore violated rights, ensure compensation for damages, and bring the guilty to justice. At the stage of realization of human rights, the covert cooperation is used for the purpose of hidden control over proper fulfillment of the duties of authorized subjects to create the necessary conditions for transformation of declared social benefits into a state of their possible and actual use by a specific person