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Prikhodko Andrey

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Lawyer, Doctor of Laws, recognized media expert on legal issues, legal adviser to famous politicians and businessmen.

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 The fundamental rights guaranteed by the Constitution of Ukraine are enshrined in the provisions of the Criminal Procedure Code of Ukraine.

Among them:

  • respect for human dignity;
  • ensuring the right to liberty and security of person;
  • inviolability of the home or other property of a person;
  • non-interference in private life, except as provided by law;
  • ensuring the right to protection;
  • ensuring the right to know your rights and responsibilities and others.

 It is during criminal proceedings that people experience the greatest restrictions on such rights. In this regard, their illegal violation automatically leads to a violation of the legal procedure for the investigation of crimes, the recognition of certain evidence inadmissible and, as a result, the recognition of the criminal process as a whole unfair and inadmissible. According to the requirements of the Constitution of Ukraine, the accusation cannot be based on evidence obtained illegally. That is why there are numerous cases of courts passing acquittals on these grounds.

 If we talk about ensuring the right to liberty, it concerns first of all the legality of detention of persons on suspicion of committing criminal offenses, in particular the observance of the procedure of such detention provided by the criminal procedure legislation.

 An important role is given to the police, which has the right to temporarily, within the law, restrict the rights and freedoms of citizens who have violated the law and are temporarily isolated from society.

 But in our democratic state there are subjective factors that sometimes produce violations of the constitutional rights of persons of this category (insufficient possession or deliberate disregard by police officers of the law, its basic basic rules and international legal agreements governing human rights and standards of conduct with detainees).

 However, unfortunately, today’s realities show that police officers still resort to the frequent facts of illegal detention of citizens on suspicion of committing crimes, which leads to a violation of the constitutional rights of individuals. In the future, evidence of the guilt of such persons – this is the conclusions of examinations, testimony of witnesses and others, may be recognized by the court as derived from illegal detention, and therefore – inadmissible.

In addition, there are widespread cases of law enforcement agencies committing obvious violations during the detention of citizens.

Among them:

  • failure to explain the reasons for detention;
  • failure to compile or late compilation of protocols on detention of persons in accordance with Article 208 of the CPC of Ukraine;
  • failure to display in such a protocol data on the exact time and hour of the actual detention;
  • shelter from registration of the fact of delivery and detention of persons in police bodies;
  • concealment of the facts of actual detention of a person in criminal procedure under other types of detention;
  • untimely informing the detainee’s relatives about his whereabouts;
  • obstruction of the exercise of the right to appeal against detention.
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