Restriction of liberty and personal security in criminal process: from the essence to the problem of legal status uncertainty (regulations)

Introduction: the effectiveness of criminal proceedings should be ensured on the basis of a reasonable balance between the protected public interest and the legal ability of the state to restrict human and civil rights and freedoms, established by Part 3 of Art. 55 of the Constitution of the Russian Federation. One of the means of achieving this balance is seen as a system of legal guarantees for the protection of an individual from excessive and unreasonable legal restriction, which, in the understanding of industry specificity and the establishment of limits for the implementation of subjective rights, includes the legal status of any person entering into criminal procedural legal relations provided for by the criminal procedural legislation, especially those associated with the restriction of his freedom and personal inviolability. Materials and Methods: The normative basis of the study is the Constitution of the Russian Federation, the provisions of international legal acts ratified by the Russian Federation, decisions of the European Court of Human Rights and the Constitutional Court of the Russian Federation, the norms of the current criminal procedure legislation, as well as other regulatory and legal acts related to criminal procedure law. The methodological basis of the study is general scientific methods of cognition (dialectical, logical method; methods of induction and deduction, analysis and synthesis), as well as special methods of scientific cognition (scientific interpretation, formal-logical, comparative-legal, system-structural methods, and others). Results of the Study: made it possible to clarify the existing approaches to the interpretation of the essence of the right to liberty and security of person through the definition of the category of «deprivation of liberty», as well as procedures that have coercive elements sufficient to recognize the fact of restriction of the said right. On the basis of the constitutional and legal meaning of these categories, the problem of the uncertainty of the legal status of persons in situations of restriction of the right to liberty and security outside classical procedural form or an adjacent one is revealed. Findings and Conclusions: suggestions are made to improve the criminal procedural legislation aimed at strengthening the protection of the individual involved in criminal procedural legal relations.