OBJECTION OF PERSONS IN CRIMINAL PROCEEDINGS: MODERN REALITIES, EUROPEAN EXPERIENCE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article deals with the issue of observance of the rights to personal integrity of an individual, the cases and the procedure of justified restriction of the said law by the state, the practice of the European Court of Human Rights on these issues, the ratio of decisions of the European Court of Human Rights to national law. Gaps in the legislation of Ukraine are identified, and ways of overcoming them are identified. The adoption of the CPC of Ukraine was marked by the modernization of the regulation of procedural relations. Concerns raise problems in law enforcement when dealing with the most significant issues related to the restriction of the rights and freedoms of an individual in conducting such an investigative (search) action, as a search, one of which is a personal search. According to the general provisions of the CPC, any procedural actions, including personal searches, should be conducted only in accordance with the norms of the CPC of Ukraine. No one shall be subjected to restrictions of rights and freedoms except as a motivated court decision and only on the grounds and in the manner prescribed by the procedural law. However, due to the fact that the CPC does not have a direct obligation to obtain an order from an investigating judge to carry out a personal search of a person during the inspection of the premises, there are abuses by law enforcement agencies, which entails an infringement of the rights, freedoms and the interests protected by law.
Authors and Affiliations
М. В Комарова
Keywords
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