HUMAN RIGHTS AND CRIMINAL PROCESS: MODERN TENDENCIES

Аннотация

The subject of the research is social relations in the field of ensuring and protecting human rights in the criminal process. The goal is to identify and to describe the factors that determine ensuring and protecting human rights in the criminal process. The hypothesis of the research suggests that there are positive and negative trends that influence ensuring and protecting human rights during criminal proceedings. Also, it is possible to identify basic components of these trends. General scientific methods (analysis, synthesis, a dialectical method) have been applied, as well as Hexagram – a categorical symbol-based approach. As a result, the main factors enabling ensuring and protecting human rights in the criminal process have been identified along with the main obstructions; correlations between them have been found and comprehended; a factor model has been designed to represent both factor groups comprehensively. Conclusions: the factors enabling ensuring and protecting human rights in the criminal process include proper substantiation of the circumstances of the committed crime; the priority of human rights in legal and law enforcement activities; protection of those categories of individuals who cannot pursue their rights to the full extent. The factors preventing ensuring and protecting human rights in the criminal process include a criminal-legal conflict, legislation drawbacks, flaws in organizing law-enforcement activity. Range of applicability of the results: the resulting factor model facilitates the search for a comprehensive solution to the problem of ensuring and protecting human rights in the criminal process.