THE MOMENT OF DETENTION OF A PERSON: SOME PROBLEMS OF LEGAL REGULATION IN THE CRIMINAL PROCEDURAL LAW
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
In the article the authors from the practical point of view analyze the statute of the CPC of Ukraine concerning the detention of a person without a court decision as a temporary preventive measure. In connection with the fact that in art. 209 of the CPC of Ukraine, the determination of the moment of the detention of a person does not give a complete picture of what time is the starting point of the occurrence of the detainee’s rights, duties and, as a result of the imposed coercion, the appropriate restrictions of the constitutional rights and freedoms, the article proposes a new definition of the concept of “the moment of detention”, which distinguishes it from the present one, and also differs from the concept of a person’s “voluntary stay” at the place of the detection of the signs of a criminal offense. Analyzed legislation, as well as the actions of law enforcement agencies, their officials authorized to carry out the detention of a person. The proposed article defines the procedure and mechanism for fixing the moment of restriction of a person to free movement by an authorized officer. The problems of criminal procedural regulation of the moment of detention of a person are identified and the need for amending the Criminal Procedure Code of Ukraine is substantiated. Besides, the authors cite the characteristic features of the “detention” by the authorized person of the law-enforcement authority, as well as reveal the concept of “coercion” as a part of the detention and its essence in accordance with the Law of Ukraine “On the National Police”. Attention is focused on the determination of the legal basis for the detention of a person, guarantees of the observance of his rights and freedoms. The main components of the detention of the person. Taking into consideration the fact that the detention of a person is aimed at limiting the man and citizen’s constitutional rights and freedoms, the authors also analyzed the role of the prosecutor as a participant in pre-trial inquest, which is entrusted with the duty of supervising in the form of procedural leadership. In order to further introducing the appropriate changes to the procedural Law by the legislator, the authors of the article proposed a new wording of art. 209 of the CPC of Ukraine.
Authors and Affiliations
Ярослав Олександрович Помаз, Євгеній Юрійович Лазоренко
Keywords
Related Articles
- EP ID EP597832
- DOI -
- Views 68
- Downloads 0
THE FEATURES OF NATURAL OBJECTS AND NATURAL RESOURCES AS OBJECTS OF CIVIL RIGHTS
The article is devoted to the analysis of the features and place of natural objects and natural resources in the system of civil rights. The possibility of distribution of the civillegal regime of things to natural objec...
COLLEGIATE SUBJECT OF PUBLIC ADMINISTRATION IN ADMINISTRATIVE PROCEEDINGS AS THE PARTIES IN THE CASE: THE CONCEPTUALIZATION OF CONCEPTS
The article reveals the concept of a collegiate subject of public administration in administrative proceedings as a participant in the case. It is established that the problem of this concept was genetically not formally...
EUROPEAN LAW ENFORCEMENT PRACTICE ON THE PROTECTION OF PERSONAL DATA
The work is devoted to the topical issue of the certainty and effectiveness of law enforcement in the field of the protection and defense of human rights on the inviolability of his personal data as an element of the rig...
PRINCIPLE OF THE RULE OF LAW AS THE KEY PRINCIPLE OF APPEAL TO THE ADMINISTRATIVE COURT
In the article, on the basis of the analysis of scientific views of scientists and the norms of the current legislation of Ukraine, the essence and content of the rule of law principle as the key principle of appeal to a...
FEATURES OF FINANCIAL CRIME IN THE USA UNDER MODERN CONDITIONS
Some crimes that are most often committed on US financial markets are considered. The peculiarities of corporate, mortgage and investment fraud, as the most widespread forms of crime on the US financial markets, are anal...