Ius Humani. Law Journal
Vol 11 No 1 (2022): Ius Humani. Law Journal

Respect of Human Rights and Freedoms During the Examination of a Person Within Criminal Proceedings: Issues of Theory and Practice

Yana Koniushenko (National Academy of Internal Affairs (Kyiv, Ukraine))
Nataliia Opanasenko (Yaroslav Mudryi National Law University (Kharkiv, Ukraine))
Anton Mariienko (Dnipropetrovsk State University of Internal Affairs (Dnipro, Ukraine))
Oleh Melnyk (Yaroslav Mudryi National Law University (Kharkiv, Ukraine))



Article Info

Publish Date
01 Mar 2022

Abstract

Even though it becomes the responsibility of crime official to carry out the investigative phase so as to established commission, such procedure should be done by respecting the fundamental right of everyone. A person’s examination within criminal proceedings belongs to a range of investigative actions of restrictive nature. In this regard, the respect of human rights and freedoms becomes especially relevant during its conduction. According to experience in this field, law enforcement officers have questions on determining the subjects of this procedural action, the limits of applying coercion and the involvement of attesting witnesses. Systematic analysis of the Art. 241 of the Criminal Procedural Code of Ukraine demonstrated that the provisions set out in this Article are not sufficiently clear. That gives origins to the violations of human rights and freedoms. The authors have made a categorical conclusion about the need to improve the current regulations of the procedure for conducting examination within criminal proceedings. According to the results of the research, the authors have introduced scientifically sound proposals to improve the Ukrainian legislation concerning the procedure for conducting the investigation process.

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Journal Info

Abbrev

iushumani

Publisher

Subject

Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies ...