| Abstract [eng] |
In this research the problem of the legitimacy of the non-public actions of investigation which in Lithuania refers to “operational actions” is analyzed. The European Court of Human Rights recognizes that the use of non-public actions of investigation itself does not violate the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms because of its non-public nature, these actions of investigation are effective, yet the most important task for the state in the use of non-public actions of investigation is to maintain a balance between the two equivalent legal values: the protection of society from criminal acts and protection of human rights. Whereas the use of non-public actions of investigation would not become uncontrolled secret surveillance tool of the state institutions, the states are obliged to coordinate its national laws with the requirements on regulation and use of non-public actions of investigation, that are formulated by the practice of ECHR. In this paper, the Law of the Republic of Lithuania on operational activities is analyzed in respect to the accordance to the requirements of ECHR. Also the relation between the operational activities and the the criminal proceedings is discussed because the elements of non-public actions of investigation is included into the Code of Criminal Procedure of the Republic of Lithuania. The substantial problems of practice of these regulations are disputed. The research concerns with the assurance of the protection of human rights regarding the conditions of the use of non-public actions in pursuance of operational activities as required by the ECHR jurisprudence. Through the analysis of legislation and case law, the essence of the existing deficiencies of regulation of operational activities is identified. For comparison, a brief overview of German, Russian and Austrian laws, governing the provisions of non-public actions of investigation is proposed. The authorities of control play important role in protection of human rights during the operational activities. Because the nature of these non-public actions determines that the person does not know about the actions exercised regarding him, and can not defend himself against the proposed illegal applications, the ECHR requires to assure adequate and effective measures against the abuse. The work deals with the level of effectiveness of control of operational activities in Lithuania, and in the foreign countries mentioned above. |
