Violation of the constitutional right through the use of special knowledge within the framework of criminal proceedings, as a guarantee of the completeness of the investigation of a criminal offense

The constitutional rights of citizens are fundamental in any society, and their protection is an important task of the legal system. However, in cases of criminal offenses, situations may arise when it is necessary to use special knowledge to provide complete information about the crime and its perpetrators [1]. At the same time, it may lead to violation of the constitutional rights of citizens, such as privacy, and illegal use of the obtained information.

The constitutional right to privacy is one of the most important constitutional rights guaranteed to citizens. However, as part of criminal proceedings, this right may be violated when law enforcement agencies use special knowledge to investigate a criminal offense.

According to the Constitution of Ukraine, law enforcement agencies must act within the law and taking into account the rights and freedoms of a person and a citizen. Therefore, the use of special knowledge must be carried out in compliance with the procedures provided for by law and taking into account human rights and freedoms.

Within the framework of criminal proceedings, a variety of special knowledge can be used, such as technical listening devices, photo and video recording, collection of evidence from computers, etc. However, the use of these means must be carried out in the presence of a court decision or the permission of a judge, who must establish that the use of such means is necessary and in accordance with the law [2].

In addition, law enforcement agencies must adhere to the principle of proportionality when applying special knowledge. This means that the use of such means should be limited and correspond to the purpose pursued by the criminal proceedings.

Violation of the constitutional right to privacy can have serious consequences for citizens and undermine trust in law enforcement agencies. Therefore, the use of special knowledge should be carried out taking into account the principle of necessity, that is, the use of such knowledge should be necessary for the investigation of a criminal offense and should not exceed the limits necessary to achieve this goal.

It is also important that the use of special knowledge is carried out in compliance with the principle of legitimacy. This means that the application of such knowledge should be carried out for the purpose of protecting the legal rights and interests of citizens, and not for the purpose of opposing their rights and freedoms. special knowledge constitutional right

The application of special knowledge must be carried out in compliance with the principle of legal certainty. This means that the use of such knowledge should be provided for by legislation and have clearly defined rules of application [3].

In addition, it is important to ensure the protection of other constitutional rights of citizens when using special knowledge. In particular, protection of the right to inviolability of housing, the right to privacy of correspondence, telephone conversations and other means of communication should be ensured.

One of the examples of researchers who studied this problem is Professor S. Livshin, who focused on the study of the constitutional requirement to protect the personal privacy of citizens in the context of special knowledge. Livshyn believes that the collection and use of information with the use of special knowledge should be carried out within the limits provided by the law and the constitution, with minimal restrictions on the rights of citizens. He also emphasizes the need to establish effective control mechanisms over the activities of special services, which will ensure that citizens' rights are not violated [4, p.172].

We agree with the opinion of scientist Oleksandr Kosenko that the use of computer expertise may be a violation of the right to privacy. For example, in the course of the examination, personal information about the suspect or the accused, which is not related to the criminal proceedings, may be obtained. This may violate a person's right to privacy and leave negative consequences for him [5, p.42].

In our opinion, the legislation regulating the use of special knowledge in criminal proceedings should be improved in order to ensure full protection of human rights and the legality of collected evidence. Codes of ethics may also be introduced for specialists engaged in computer forensics and other types of specialized research, in order to ensure the correct interpretation of the collected data and compliance with the principles of human rights protection.

In addition, it is important to ensure the provision of the necessary financial and technical resources for the implementation of computer expertise and other types of research, taking into account modern technologies and methods that allow compliance with the requirements of legislation and the protection of human rights.

Therefore, the use of specialized knowledge during a criminal investigation is necessary to ensure the completeness of the investigation and justice. However, the use of this knowledge must be carried out in compliance with all constitutional rights. It is also necessary to ensure a balance between the right to privacy and the need to investigate criminal offences. Only in this way can justice and legality be ensured in criminal proceedings.

References

1. Consultative publication of the Council of Europe "Human Rights Compass: Questions and Answers on Human Rights". URL: https://www.coe.int/uk/web/compass/questionsand-answers-about-human-rights (date of application - 04/05/2023).

2. Use of special knowledge in accordance with the new Criminal Procedure Code of Ukraine. Official website of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/n0003323-13#Text (date of application 04/5/2023).

3. Use of special knowledge during pre-trial investigation. Appointment and conduct of forensic examinations. ARM of the National Academy of Internal Affairs of Ukraine. URL: https://arm.naiau.kiev.ua/books/criminalistics/info/lec21.html (access date 04/5/2023).

4. Livshyn S. O. Protection of personal privacy of citizens in conditions of special knowledge. Collection of scientific works of the National Academy of the Prosecutor's Office of Ukraine 2018 Vol. 2. p. 170-180.

5. Kosenko O. The right to privacy and the use of computer expertise in criminal proceedings 2019. Scientific notes of the National University "Ostroh Academy". "Law" series, vol. 11, p. 40-43.

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