Issue 2 (2015)

UNDERCOVER INVESTIGATIVE ACTIONS AND PRIVACY CONSTITUTIONAL AND LEGAL GUARANTEES

Authors:

Abstract: In this work we have considered one of the acute points of moderc criminal justice of Georgia-covert investigation actions. we have separated negative and positive parts of these changes and discussed about this changes alongside with the consideration of foreign countries law and practices. After the consideration all above mentioned points and the data of comprehensive research, we emphasized on the operative investigation activities and the constitutional guarantees of human rights protection. Particularly we discussed about the article of 20th of Georgian constitution and the essence of right of privacy. Under this topic, we clarified that righs to inviolability of the private life is not absolute right and said that, It may be restricted in order to achive the legitimate goals provided for the constitution that is necessary for the democratic state, but restriction of the right comply with certain requarements. After the attributive of the foremost idea of the right of privacy we made a comprehensive research and anylised law in accordance with the constitutional guarantees. The foremost issues were processing by the consideration of the practice of European court of human rights which help us to determine, – is Georgian law in appropriate with the European challenges?

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