Year: 2025
Type: article
Abstract: The article examines the issue of applying temporary access to objects and documents as one of the crucial procedural tools in criminal proceedings related to surrogacy. The peculiarities of using this procedural measure under the specific circumstances of such proceedings are analyzed, and the range of documents and objects most frequently accessed by law enforcement authorities during investigations is identified. Particular attention is paid to analyzing the practice of applying the provisions of the Criminal Procedure Code of Ukraine regarding temporary access to objects and documents containing legally protected secrets, including medical confidentiality and personal data.It has been established that among the most significant documents for proving crimes in the field of surrogacy, the most commonly encountered are medical records (medical histories, birth certificates, logs of biological material use), notarial documents (surrogacy agreements, powers of attorney, registers of notarial actions), as well as civil status documents (birth and marriage certificates, etc.). Financial documents are equally important, as they help determine the presence or absence of unlawful financial gain or illegal transactions. Additionally, information from electronic devices, which may contain evidence in the form of personal correspondence, photo, and video materials, is of great relevance.The article emphasizes that investigators often face legal conflicts regarding access to information containing legally protected secrets. This requires a careful balance between the necessity of an effective investigation and the protection of human rights and freedoms, particularly the right to confidentiality.In this context, the importance of international cooperation is also highlighted, as crimes in the field of surrogacy often have a transnational character.The need for clear legal regulation and proper law enforcement in matters of temporary access to objects and documents is underscored. This ensures the quality of the pre-trial investigation and helps prevent violations of citizens’ rights.
Authors: O. Yermenchuk, V. Areshonkov, V. Аtamanchuk
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4412499877