Classification of criminal procedural mechanisms for the protection of citizens' rights and freedoms

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The article attempts to understand the criminal procedural mechanisms for the protection of citizens' rights and freedoms through their consolidation on the basis of various differentiating features, identifying problematic issues related to these mechanisms and directly affecting the effectiveness of criminal procedural regulation. The author studies the issues of interaction of various segments of the mechanism of criminal procedural protection of an individual with other elements of criminal proceedings. As a result of the conducted research, the author comes to the conclusion that approaches to the classification of criminal procedural mechanisms for the protection of citizens' rights and freedoms are clearly debatable, due to the legal and doctrinal uncertainty of the very concept of "criminal procedural mechanism for the protection of rights and freedoms". With further disclosure of the studied category and its possible classification, the content and correlation of such concepts as "protection", "protection", "provision", "procedural guarantees" in relation to human and civil rights and freedoms are of great importance. For an accurate classification of mechanisms, it is necessary to understand what specific rights and freedoms are being protected: a person, a citizen, or a specific participant in criminal proceedings.

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Mechanism for protecting rights and freedoms, protection, protection of rights and freedoms, ensuring rights and freedoms, classification, criminal procedural regulation

Короткий адрес: https://sciup.org/143184965

IDR: 143184965   |   УДК: 343.98