Current Issues Of Human Rights Violations During The Performance Of Special Investigative Measures

Human rights and dignity are taken into account when drafting any law in a democratic state and the law governing special investigations in this area is no exception. Society’s perception of the purpose of the Special Investigation Activity (SIA) is often wrong or distorted. One of the most common ambiguities in this regard is due to the dichotomy which consists in the fact that they are intended to defend the rights and legitimate interests of the person, and on the other hand the need to restrict certain rights (inviolability of private and home life, secrecy of correspondence - hereinafter referred to as civil rights) under special conditions, to ensure the security of people against crime. Respect for human rights is not ensured by being harmless and gentle with the criminal phenomenon, on the contrary, the prevention and fight against crime is an objective of human rights. Each state has a positive obligation to protect its society against this scourge, and its duty, through its competent bodies, as well as through the legal instruments of obtaining information called Special Investigative Measures (SIM) is to prevent and investigate anti-social events. Although SIM, by their nature, can be more or less intrusive, their realization remains perfectly legal when they are carried out in accordance with the rule of law. At the same time, in practice, it has been found that civil rights violations have sometimes been admitted to the realization of SIM in the name of preventing and combating crime, which has become the latest excuse against which human rights violations have been committed. This study is dedicated to the subject of violations of civil rights in the realization of SIM, the correct definition of which has a special importance for the practical solution of the problem of respect for civil rights in the realization of SIM.