ფარული საგამოძიებო მოქმედებები და პირადი ცხოვრების ხელშეუხებლობა

Criminal law has the most intensive relation to the human rights, that why it needs to be regulated well to avoid retributive justice. Secret investigative actions has direct link to the right of privacy, that why according to the Georgian constitution such kind of intervention is allowed only with legitimate aims. Modern Georgian society has very sensitive fillings about some type of secret investigative actions such are secret eavesdropping and recording of phone conversations. In 2012 there was almost 29000 unlawfully recorded phone conversations which where spread by the internet, such kind of action raised the felling of protest in people. In 2014 NGO’s started civil campaign named as “It’s about you, we are still recorded,” by this time In the parliament of the Georgia represented legislative package of laws, which were intended to minimize number of unlawful secret investigative actions. The main aim was to defend human rights and right of privacy. The main research in this publication is about positive and negative sides of legislative changes. The most important part of this research is about decision of Georgian constitutional court which was taken in 14.04.2016. This decision played turning role to defend human rights. The right of privacy can’t be defended without effective mechanisms which controls secret investigative actions. In this publication is research about positive and negative sides of control mechanisms. The discussion and analyze practice of the constitutional court helped to find out problem and the ways of its solution.