ЗАБЕЗПЕЧЕННЯ ДОТРИМАННЯ КОНСТИТУЦІЙНОГО ПРАВА НА НЕДОТОРКАННІСТЬ ЖИТЛА ЧИ ІНШОГО ВОЛОДІННЯ ОСОБИ В КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ

Abstract

The article analyzes the legal sources that determine the content and guarantees of the constitutional right to inviolability of the home or other property of a person. It was found that investigative (search) actions are the main means of proof, a tool of cognitive activity in the investigation of criminal offenses. The constitutional right to the inviolability of a person’s home or other property is to guarantee the prevention of illegal entry into a persons home or other property. Such intrusion is possible and will be lawful only if there are grounds specifi ed by law, namely the permission of the owner or a court decision. It has been found that, in practice, law enforcement agencies are not always able to maintain a balance between respect for the constitutional right to inviolability of the home or other property of a person and their reasonable restriction. It is emphasized that the restriction of this right is allowed only in the presence of legal grounds (voluntary consent or decision of the investigating judge), except for emergencies specified by law.