Rights and freedoms during covert investigations: Balance between security and personal freedoms

Abstract

The aim of this article is to determine and assess the feasibility of using covert investigations against special entities, identifying the risks of unwarranted interference in a person’s private life during application of these investigations, and developing general principles of covert investigation to observe fundamental human rights and freedoms. These requirements are enshrined in the criminal procedure legislation of Ukraine, European Union legislation and the legal positions of the European Court of Human Rights (ECtHR). To achieve this research aim, a range of methods was used. A comparative method was used to analyse the international and domestic legislation of Ukraine and other states; a dogmatic method was applied to study the legal positions of the ECtHR on covert investigations; a dialectical method helped to establish the principles of additional guarantees for special subjects; and the general principles of ensuring the rights and freedoms of special entities during covert investigations were analysed. As a result, it is suggested that Ukrainian legislation regarding covert investigations against special entities should be amended and criteria for lawful and unlawful interference in personal communications be introduced.