Application of control over crime commission and execution of special tasks to reveal criminal activities of organized groups or criminal organizations in organized crime investigations

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№ 5, 2025

Authors: Ivan KRAVCHUK

Issue: № 5, 2025

Doi: https://doi.org/10.37634/efp.2025.5.2

The paper explores the simultaneous application of two types of covert investigative (detective) actions — control over the commission of a crime and execution of a special task to uncover the criminal activities of an organized group or a criminal organization. These instruments are key to combating organized crime, enabling the documentation of both executors and organizers. Their combined use is especially relevant in the context of the growing threat posed by organized criminal groups (OCGs) to public order, economic security, and public trust in law enforcement. The purpose of the paper is to clarify the legal and practical features of using these covert actions together in criminal proceedings related to organized crime. The study also aims to develop recommendations for their effective implementation in line with procedural guarantees and standards set by the European Court of Human Rights. The paper analyzes Ukrainian legislation (Criminal Procedure Code and Criminal Code), as well as judicial practice and doctrinal positions regarding the legal status of individuals involved in such actions — whether law enforcement officers, confidential informants, or members of OCGs cooperating with investigative authorities. International experience (USA, Germany, Switzerland) and ECtHR case law are also discussed. The study identifies the lack of clear procedural algorithms for combining these instruments and emphasizes the risks of provocation and inadmissibility of evidence in the absence of proper documentation. The simultaneous use of control over the commission of a crime and the execution of a special task is a highly effective mechanism for documenting systemic criminal activity. However, this requires procedural rigor, legal clarity on the roles and responsibilities of involved persons, and protection of their rights. Properly regulated, these tools strengthen state capacity to counter organized crime and ensure the rule of law.

Keywords : control over crime commission, execution of special tasks, organized crime groups, confidential collaboration with law enforcement

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