THE PROBLEMS OF EVALUATING DATA OBTAINED BY THE SECRET PROCEDURAL INVESTIGATION ACTIONS

Abstract

Public concerns in the media and the government's attention to insufficient control of institutions that use secret procedural investigative actions, constantly developing judicial practice, in which new problematic issues in this area are raised and analyzed, the number of cases against Lithuania in international courts, presupposes not only the application of secret procedural investigation actions, but also the relevance of the assessment of the data obtained during them in the evidentiary process. As a result, the object of this research is the evaluation of data obtained during the application of secret procedural investigation actions in the evidentiary process, and the article aims to analyze the peculiarities and problematics of the evaluation of data obtained in this way in the evidentiary process in the practice of Lithuanian courts. The article uses basic research methods such as document analysis, systematic analysis, comparative analysis, deduction and generalization methods. The performed analysis substantiated the resulting complex situation in which the courts find themselves, evaluating the data obtained in this way in the evidentiary process in terms of the admissibility of evidence or the proportionality of the limitation of private life due to the problems that are not properly and clearly resolved in these areas in the practice formed by the court of cassation. And a more detailed analysis of the evaluation of the data obtained during the application of specific secret procedural investigative actions led to an even more complicated situation due to the formulated very specific rules for the evaluation of the data obtained in this way.