ISSUES ABOUT THE RIGHT OF SUSPECT AND ACCUSED TO INITIATE PROCEEDINGS TO ESTABLISH THE LEGALITY OF RESTRICTIONS ON HIS RIGHT TO LIBERTY AND SECURITY OF PERSON SUCH AS LEGAL GUARANTEE OF PROTECTION THIS RIGHT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article deals with issues about the right of suspect and accused to initiate proceedings to establish the legality of restrictions on his right to liberty and security of person such as legal guarantee of protection this right. Based on the analysis of the relevant provisions of the applicable national legislation contained in scientific sources viewpoints of scholars and practitioners, the article makes an attempt to analyze such mechanisms for detainee and suspect rights assurance in criminal proceedings as the «Habeas Corpus», «Amparo de Libertad» and the mechanism of realization of the right to appeal against unlawful detention. Also the article deals with ensuring the individual rights of the detainee by the means of judicial control. The article examines the problems of the legislative regulation of procedures of the realization of the constitutional right of any individual to appeal detention. It is made the analysis of the mechanism of ensuring the rights of the detainee by the means of judicial control and it is proposed the ways to improve the criminal procedural law in order to ensure the rights of the detainee in a criminal proceeding. Based on the research the author concludes that the presence of such procedural safeguards as the rights of the suspect and accused initiate proceedings to establish the legality of restrictions of his right to liberty and security primarily to protect against arbitrary restrictions on individual freedom.
Authors and Affiliations
А. О. Побережник
Keywords
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