Grounds, purpose and forms of restrictions on human and civil rights and freedoms in temporary detention facilities for suspects and accused

Автор: Meshcheryakov A.N.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовный процесс

Статья в выпуске: 2 (33), 2022 года.

Бесплатный доступ

The article deals with the issues related to the restriction of human and civil rights and freedoms arising in connection with being held in a temporary detention facility for suspects and accused of internal affairs bodies. The restriction of human and citizen’s rights and freedoms is viewed as an integral part of activity of officers of temporary detention isolators for suspected and accused persons of internal affairs bodies. It is proposed to distinguish legal and factual grounds for restricting the rights and freedoms, and as a goal to consider the protection of the rights and legitimate interests of others. It is established that limitation of the rights and freedoms of a man and citizen depending on their content may be carried out in the form of suspension, prohibition or obligation, which are provided by the regime and the rules of internal order. A distinction was made between the restriction of the rights and freedoms of an individual in connection with serving a sentence of imprisonment and detention in a temporary detention facility for suspects and accused persons of internal affairs bodies. It was defined that realization of the constitutional principle of justice assumes the presence of clear, clear, adequate and proportional to the pursued aim criteria of restriction of rights and freedom of the person.

Еще

Person, citizen, rights and freedoms, restriction, internal affairs bodies, police, temporary detention facility, suspect, accused

Короткий адрес: https://sciup.org/14124357

IDR: 14124357

Статья научная