Volume 12 - Issue 64
/ April 2023
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https://doi.org/10.34069/AI/2023.64.04.24
How to Cite:
Pogoretskyi, M.A., Serhieieva, D., Pogoretskyi, M.M., Lysachenko, Y., & Denysenko, G. (2023). Human rights guarantees in the
activities of law enforcement agencies of Ukraine. Amazonia Investiga, 12(64), 249-256. https://doi.org/10.34069/AI/2023.64.04.24
Human rights guarantees in the activities of law enforcement agencies
of Ukraine
Гарантії прав людини у діяльності правоохоронних органів України
Received: February 15, 2023 Accepted: April 10, 2023
Written by:
Mykola Anatoliiovych Pogoretskyi1
https://orcid.org/0000-0003-0936-0929
Web of Science Researcher ID: AAC-1018-2020
Diana Serhieieva2
https://orcid.org/0000-0003-1005-7046
Web of Science Researcher ID: ISB-2999-2023
Mykola Mykolaiovych Pogoretskyi3
https://orcid.org/0000-0003-2888-0911
Web of Science Researcher ID: ISB-2936-2023
Yelyzaveta Lysachenko4
https://orcid.org/0000-0003-0937-2110
Web of Science Researcher ID: ACH-0371-2022
Grygorii Denysenko5
https://orcid.org/0000-0003-4132-8195
Web of Science Researcher ID: ISB-3023-2023
Abstract
The article is devoted to the study of human rights
guarantees in the activities of law enforcement
agencies of Ukraine.
Our survey of prosecutors and investigators has
shown that the most common reason for the
incomplete implementation of guarantees of the
rights and freedoms of suspects and accused
persons is the failure of investigators and
prosecutors to comply with the provisions of the
CPC of Ukraine in terms of ensuring guarantees of
rights and freedoms. This opinion was shared by
64.6% of prosecutors and 31.8% of investigators;
23.1% of prosecutors and 59.1% of investigators
supported the reason that suspects and accused
persons were not aware of their rights and
freedoms; 12.3% of prosecutors and 9.1% of
investigators drew attention to the conflict of
provisions of the CPC of Ukraine regarding
guarantees of rights and freedoms.
1
Doctor of Science in Law, Professor, Vice-rector for scientific and pedagogical work, Taras Shevchenko National University of
Kyiv, Kyiv, Ukraine.
2
Doctor of Science in Law, Professor, Professor of Criminal Procedure and Criminalistics Department, Educational and Scientific
Institute of Law, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine.
3
Ph.D (Law), Associate Professor of the Department of Criminal Law and Criminology, National Academy of the Security Service
of Ukraine, Kyiv, Ukraine, Kyiv, Ukraine.
4
Ph.D (Law), Researcher of the scientific laboratory, National Academy of the Security Service of Ukraine, Kyiv, Ukraine.
5
Ph.D (Law), Researcher of the scientific laboratory, National Academy of the Security Service of Ukraine, Kyiv, Ukraine.
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The authors concluded that emphasise that the main
task of human rights guarantees is to ensure
unimpeded realisation, protection and defence of
human rights regardless of their status and position
in the proceedings, protection against arbitrariness
of the investigating authorities, and exclusion of the
possibility of accusatory bias and, as a result,
investigative and judicial errors.
Keywords: human rights and freedoms,
guarantees, principles, law enforcement agencies,
criminal justice.
Introduction
A person, his or her rights and fundamental
freedoms are the highest social value in a state
governed by the rule of law, and all state
activities, and especially those of law
enforcement agencies, should be aimed at
ensuring and implementing them. The reality of
ensuring human and civil rights and freedoms is
an important indicator of the level of civilisation
achieved by the state.
Guarantees of fundamental human and civil
rights and freedoms are a system of norms,
principles, conditions and requirements that
together ensure the observance of rights and
freedoms and legitimate interests of a person.
The effectiveness of guarantees of fundamental
human rights and freedoms depends on the level
of development of legal principles and
institutions of democracy, the state of the
economy, the means of distribution of life's
goods, the law-making atmosphere in society, the
level of legal education and culture of the
population, the degree of social harmony, and the
presence of certain elements in the system of
functioning of the state power. The latter include,
in particular, the existence of a written
constitution, which cannot be suspended
arbitrarily, and a strict procedure for its formal
operation; reliable legislative support for the
exercise of rights and freedoms; recognition by
the authorities of the constitution as the source of
their power and the conditions for its legitimacy;
constitutional guarantees to curb excessive
executive power; competent and efficient
representative bodies; and the enshrining in the
constitution of fundamental human rights and
freedoms that meet international standards; the
existence of an independent judiciary in the form
of courts of general and special jurisdiction; the
existence of a competent, highly effective and
authoritative constitutional control body.
The system of guarantees of human rights and
freedoms includes prerequisites of economic,
political, organisational and legal nature, as well
as protection of rights and freedoms.
Guarantees of human and civil rights and
freedoms are the conditions and means,
principles and norms that ensure the exercise,
protection and defence of these rights, and
guarantee the fulfilment by the state and other
subjects of legal relations of the duties imposed
on them in order to implement constitutional
human and civil rights and freedoms.
The Constitution of Ukraine and the current
legislation assign to the state, represented by the
competent authorities, the function of protecting
human rights and freedoms, which provides for
the possibility to seek protection of one's legal
rights and interests. It follows from the essence
of law that the exercise of human rights and
freedoms is impossible without the activities of
state (including law enforcement) bodies and
officials. Their activity is evidence of the reality
of human and civil liberty, a necessary factor in
the transition of legal opportunities enshrined in
the current legislation into the practice of any
person's life. That is why a rather important task
facing modern legal science is to determine the
role of law enforcement agencies in ensuring the
exercise of human rights and freedoms.
The purpose of this article is to define the
concept and importance of human rights
guarantees in the activities of law enforcement
agencies of Ukraine.
Materials and methods
To achieve the set goals and ensure the scientific
objectivity of the results of the study, a set of
modern general scientific and special methods
was chosen, in particular:
Pohoretskyi, M.A., Serhieieva, D., Pohoretskyi, M.M., Lysachenko, Y., Denysenko, G. / Volume 12 - Issue 64: 249-256 /
April, 2023
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dialectical - to study the structure and content of
the human rights guarantees in the activities of
law enforcement agencies of Ukraine;
formal-logical - to analyze the current legislation
and existing theoretical provisions regarding the
essence of the human rights guarantees in the
activities of law enforcement agencies of
Ukraine;
comparative law - for comparing constitutional,
criminal law and criminal procedural norms and
a number of legal norms of foreign states;
statistical - to study law enforcement practice in
criminal proceedings and in the analysis of
reporting, which made it possible to generalize
the results obtained.
At the same time, all scientific research methods
were used in interrelation and interdependence,
which contributed to ensuring the principle of
comprehensiveness, completeness, objectivity of
the study and made it possible to lay the
foundation for further possible directions for the
development of theoretical knowledge about the
human rights guarantees in the activities of law
enforcement agencies of Ukraine.
The empirical basis of the study is the studied and
generalized criminal proceedings for 2020-2023
(270 proceedings of the prosecutor's offices of
Odessa, Lviv, Kharkiv, Kyiv regions and the city
of Kyiv); interviews with law enforcement
officials, judges, judicial assistants, attorneys
(650 respondents).
Results
The task of a state that claims to be a state
governed by the rule of law is not only to
recognise the existence of basic natural human
rights and freedoms for its citizens (since it is not
the state that grants the latter, but it has the real
ability to limit them or exclude them from society
altogether), but also to ensure that, having
proclaimed such rights and freedoms, it is
possible to exercise them and ensure the security
of the individual.
The level of development of freedom and
democracy in a society is recognised not so much
by the declaration of the value of human rights
and freedoms, ratification of international legal
instruments in the field of human and civil rights,
but by the existence of an efficient, effective
mechanism for the implementation of human
rights and freedoms, which provides guarantees
for their enforcement and protection.
As V Kovalenko rightly notes: "nowadays,
everyone understands that the essence of their
rights and freedoms lies not so much in their
declarative proclamation as in ensuring their
implementation, what material, legal and other
guarantees the state and its bodies provide for
their consistent and comprehensive
implementation" (Kovalenko, 2020). Among
these guarantees, law enforcement agencies play
a significant role.
The main task of the guarantees is to ensure the
unimpeded realisation, protection and defence of
human and civil rights, regardless of their status
and position in society.
At the same time, the practical implementation of
the guarantees of the rights and freedoms of
suspects and accused persons specified in the
Criminal Procedure Code of Ukraine is far from
perfect, as evidenced not only by the numerous
cases of unlawful procedural decisions made by
investigators, prosecutors and judges in criminal
proceedings, but also by the judgments of the
European Court of Human Rights, which state
systemic violations of certain provisions of the
Convention for the Protection of Human Rights
and Fundamental Freedoms.
The guarantees of human rights and freedoms
enshrined in the Constitution of Ukraine remain
mostly declarations. This is especially evident
during investigative (search) actions and the
application of measures to ensure criminal
proceedings. The right to legal aid and access to
justice is systematically violated.
The reasons for these phenomena are both the
low level of training of investigative officers and
the low level of legal education of suspects and
accused persons, the fact that the scientifically
based norms of workload per investigator are
exceeded several times, and the lack of
consistency in the actions of investigative bodies,
which leads to violations of procedural rules,
deadlines, and inadmissibility of evidence
(Serhieieva et al., 2022).
In this research, we would like to draw attention
to the fact that the ongoing reform of the criminal
justice system of Ukraine requires a
comprehensive understanding of the state of
application of the ECHR case law in criminal
proceedings.
The survey shows high rates of application of
ECHR case law by participants in criminal
proceedings. 89% of respondents indicate the
use of ECHR case law in their professional
activities during criminal proceedings, in
particular: prosecutors - 71% of all prosecutors
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surveyed; lawyers - 93%; judges - 100%;
judicial assistants - 100%. Also, all the
interviewed scholars mention the use of the
ECHR case law in the course of scientific
research of the criminal procedure of Ukraine.
Among the above data, attention should be drawn
to the fact that only 71% of prosecutors use the
ECHR case-law in criminal proceedings, which
is seen as a negative trend and causes objective
concern, and therefore requires additional
organisational and training measures in this area
by the Office of the Prosecutor General and the
Training Centre for Prosecutors of Ukraine, as
well as further, including intra-agency, research
and monitoring.
The frequency of use of the ECHR case law by
respondents in criminal proceedings is on
average 36.8%, in particular: lawyers - 56.9%;
academics - 34.8%; judicial assistants - 29.5%;
prosecutors - 24%; judges - 20.4%. The high
rates of use of the ECHR case law by lawyers
indicate that it is recognised as an effective tool
for protecting human rights and freedoms in
criminal proceedings.
At different stages of criminal proceedings, the
frequency of use of ECHR case law by
respondents differs: 74% of respondents
reported its use during the trial in the court of first
instance, 52% during the pre-trial investigation,
42% during the trial in the court of appeal, 25%
during the trial in the court of cassation, and 5%
during the enforcement of court decisions. These
results correlate with the general trend of
completing a significant part of criminal
proceedings during pre-trial investigation and
trial in the court of first instance.
Our survey of prosecutors and investigators has
shown that the most common reason for the
incomplete implementation of guarantees of the
rights and freedoms of suspects and accused
persons is the failure of investigators and
prosecutors to comply with the provisions of the
CPC of Ukraine in terms of ensuring guarantees
of rights and freedoms. This opinion is shared by
62 prosecutors out of 85 respondents, or 64.6%,
and 34 investigators out of 64 respondents
(31.8%); ignorance of the suspect or accused of
their rights and freedoms - 35 prosecutors
(23.1%) and 46 investigators (59.1%);
conflicting interpretation of the CPC of Ukraine
provisions on guarantees of rights and freedoms
- 28 prosecutors (12.3%) and 24 investigators
(9.1%).
In order for the institution of guarantees to have
the desired results, i.e. to ensure full and
unhindered exercise of constitutional rights and
freedoms of man and citizen, it is necessary that
it be aimed at solving a large set of tasks, namely:
1) creating favourable conditions for the full
and unhindered exercise of constitutional
rights and freedoms;
2) ensuring effective protection of
constitutional rights and freedoms from
unlawful restrictions and violations by any
entities;
3) providing a suspect or accused person with
an opportunity for effective defence against
unlawful restrictions and violations of these
rights and freedoms by any entities;
4) ensuring prompt and complete restoration of
unlawfully violated constitutional rights and
freedoms of a person and a citizen;
5) bringing to legal responsibility and freedoms
of man and citizen (Matskevych, 2014).
The functional purpose of guarantees of
constitutional human rights and freedoms is to
address the above tasks. Persons who have the
appropriate legal status in criminal proceedings,
depending on their stage, are no exception.
Discussion
The term "guarantee" is derived from the French
"garantie", which means a pledge, a condition
that ensures something. To guarantee means to
assume responsibility for something; to give a
promise, a guarantee in the performance of
something.
There is no single universal definition of the term
"guarantee". In a broad sense, the concept of
guarantees of rights is reduced to the basic
conditions and means by which each person has
the opportunity to exercise his or her rights. In a
narrow sense, guarantees are the conditions
under which full and comprehensive realisation
of individual rights and freedoms is possible by
means that effectively ensure the protection and
defence of individual rights and freedoms in the
event of their unlawful restriction. Their main
purpose is to provide everyone with equal legal
opportunities for the acquisition, exercise,
protection and defence of rights and freedoms,
and to create the necessary legal conditions for
the transformation of rights and freedoms
enshrined in legal acts from potential
opportunities into actual practice in social
relations. The concept of "guarantees" covers the
entire set of objective and subjective factors
aimed at practical implementation of rights and
freedoms, at removing possible obstacles to their
full or proper exercise (Zuev, 2013).
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Guarantees of human and civil rights, freedoms
and obligations are considered as a system of
socio-economic, moral, political, legal
conditions, means and ways that ensure their
actual implementation, protection and reliable
defence. In addition, it should be noted that
protection of rights and freedoms is a state of
their legitimate exercise under the control of
social institutions, but without their interference.
Protection of human rights means certain means
of counteracting human rights violations and
ways to restore violated rights, i.e. human rights
protection is aimed at preventing human rights
violations, and protection is aimed at overcoming
the consequences of violations.
Human rights guarantees are a complex
phenomenon, but it should be noted that the most
important component of the system of human
rights guarantees is legal guarantees. After all,
the reality of human rights depends on how
detailed the regulation of human rights is, how
clearly the mechanism of protection and defence
of human rights is established (Vasechko, 2010).
Despite the large number of views of scholars on
the term "guarantees", their opinions converge in
the fact that guarantees have certain features,
namely: 1) ways and means that are considered
in the aggregate; 2) availability of legislative
consolidation; 3) aimed at achieving a particular
goal (Vasechko, 2010).
A Cherkesova outlined the following main
features of guarantees:
− firstly, guarantees are of a state nature, i.e.
they are created by the state to fulfil its
obligations to society as a whole and each of
its members in particular. The state is the
main subject of ensuring public welfare, the
level and condition of which directly
depends on the range, quality and
effectiveness of the guarantees in force in
the state. In addition, the implementation of
these guarantees is supported and ensured by
the power of state influence, even coercion;
− secondly, the basic guarantees are reflected
in one way or another at the level of relevant
legal acts. The formal definition of
guarantees in the text of laws and bylaws
endows them with such properties as
generality, mandatory nature and legislative
protection;
− thirdly, guarantees are universal and
continuous. As a rule, they are not limited in
time and territory, are permanent and apply
to the entire territory of the state, and belong
equally to all those to whom they are
addressed, both to society or its separate
group (community) and to each of its
members;
− fourthly, guarantees reflect the state and
level of development of the main spheres of
public life. The study of the range of
guarantees in force in the state allows us to
get an idea of the priorities of the state
policy, the political, economic and social
atmosphere in the country, and is an
indicator of the level of development of the
national system of law;
− fifthly, guarantees are realistic and
appropriate. Guarantees are not an "empty
sound", not a mere declaration, but
conditions and factors that exist in objective
reality and facilitate the process of
exercising citizens' rights, freedoms and
legitimate interests.
Appropriateness requires establishing guarantees
in such a way that they are as consistent as
possible with the level of state development and
the urgent needs of society, i.e., establish a
balance between public demands and state
capabilities to actually meet them (Cherkesova,
2017).
In our opinion, guarantees in the criminal
procedural area differ in their implementation
mechanism, scope of application, which is
usually somewhat narrowed, and also in their
meaning.
In order to clarify the nature of criminal
procedural guarantees and their essence, it is
necessary to resolve the issue of the subject
matter of the latter. The first component of the
subject matter of criminal procedural guarantees
is the procedural rights of citizens. They are of
public law significance.
The rights of a person are his/her social
opportunities, determined by economic and
cultural conditions of society and enshrined in
legislation, which indicate the degree of freedom
that is objectively possible for an individual at a
certain stage of development of society. In
addition, subjective rights reflect not potential,
but actual capabilities of an individual, enshrined
in the Constitution of Ukraine and other laws.
Individual rights are diverse in content, scope,
and methods of implementation. However, the
enshrinement of a subjective right in legislation
should also determine the real possibility of an
individual to realise a particular benefit in the
manner prescribed by law.
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Criminal procedural guarantees should ensure
not only the possibility for the subject of criminal
proceedings to use the procedural right granted to
him/her, but also the achievement of the interest
reflected in the right to be exercised. Thus, the
second component of the subject matter of
criminal procedural guarantees of a person is
legitimate interests. Legitimate interests are the
interests of a person that are not covered by
his/her subjective rights, but are generally
recognised by law.
According to Gromovenko K V, the mechanism
of ensuring human rights and freedoms in the
activities of law enforcement agencies can be
represented in the form of two subsystems. The
first is the system of protection, which includes
legal means that establish the limits of lawful
restriction of individual freedom of citizens
(means of guarantee) and ensure legality in the
application of coercive measures that restrict
such freedom (means of protection). The security
system operates on a permanent basis and is
aimed at preventing unlawful encroachments on
the freedom of citizens by law enforcement
officials. The second, the protection system, is a
unity of legal measures that ensure the restoration
of the violated right, prosecution of perpetrators,
compensation for damage caused by the offence
(guarantees), and organisation of law
enforcement activities to implement legal
remedies for the protection of human rights and
freedoms (remedies). The need to apply remedies
arises in the event of a violation of human rights
and freedoms by officials. The use of these
measures by law enforcement agencies is
regulated by laws and other legal acts, which are
supplemented by organisational and control and
supervisory activities that allow the
implementation of these legal acts and thereby
prevent unlawful encroachments on human rights
by individual officials (Gromovenko & Tytska,
2021).
An analysis of current legislation allows us to
identify the main areas of activity of law
enforcement agencies to ensure human rights and
freedoms:
− protection of human rights, freedoms and
legitimate interests declared in the
Constitution of Ukraine;
− protection of a person, his/her life, health,
rights, freedoms and legitimate interests
regardless of age, gender, nationality, race,
etc;
− ensuring conditions for a person to exercise
their rights, freedoms and legitimate
interests;
− preventing unlawful restrictions and
violations of human rights and freedoms in
their activities.
It is worth noting that the main areas of activity
of law enforcement agencies to ensure human
and civil rights and freedoms directly stem from
the tasks assigned to these agencies by the
current legislation. They are aimed at:
− protection of a person, his or her life, health,
rights, freedoms and legitimate interests,
regardless of age, gender, nationality, race,
language, etc;
− creating conditions to facilitate the exercise
of rights and freedoms by every citizen, in
accordance with the Constitution of Ukraine,
by protecting public order and ensuring
public safety;
− elimination of causes and circumstances that
threaten the process of realisation of
constitutional human rights and freedoms,
limit the possibility of full realisation of
these rights or undermine existing
guarantees of the exercise of rights in
society;
− creating conditions and appropriate legal
frameworks that make it impossible to
violate constitutional rights and freedoms by
ensuring proper security of every citizen,
preventing and immediately stopping
offences, strengthening law and order,
ensuring legality in the activities of law
enforcement agencies, etc;
− identifying those responsible for violations
of human rights and freedoms and bringing
them to justice in accordance with the
current legislation and international human
rights standards;
− restoration of violated rights through
compensation for material and non-
pecuniary damage, rehabilitation,
restitution, compensation, etc. at the expense
of the state or individuals;
− preventing unlawful restrictions and
violations of the rights, freedoms and
legitimate interests of citizens in its
activities;
− ensuring the necessary conditions for
citizens to exercise certain rights, freedoms
and legitimate interests.
The provisions of the current legislation aimed at
ensuring that the state realises, protects and
defends human rights and freedoms require law
enforcement agencies to consistently direct their
law enforcement activities towards ensuring
human welfare, adhering to the rule of law. The
implementation of this principle is embodied in
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the formula: "everything that is not prohibited by
law is permitted".
It is quite clear that the effective protection of
human rights and freedoms can only be proper if
the structure, forms of activity, and attitude of
law enforcement officials are optimal in terms of
sensing and responding quickly to any negative
aspects that hinder the practical implementation
and exercise of human rights and freedoms. At
the same time, it is important to realise that
human and civil rights are fundamental, so
ensuring the autonomy of the individual by law
enforcement agencies is based on key axioms:
− any law enforcement agency has limitations
to its activities;
− each person has his/her own sovereign
sphere, in which no law enforcement agency
has the right to interfere;
− every person may oppose the state or its
bodies (including law enforcement
agencies), officials in order to protect their
rights.
In fulfilling their tasks, law enforcement agencies
must protect human rights regardless of social
origin, financial status, citizenship, faith, race,
religion, language, education, political views,
etc. Unfortunately, this is not always the case,
and public trust in law enforcement agencies
remains low, despite reforms. The main reasons
that shape public opinion are high levels of
corruption, low levels of legal culture, a formal
approach to the implementation of legislative
requirements in the field of human rights
protection, etc. Numerous applications of
Ukrainian citizens to the European Court of
Human Rights provide grounds for a critical
assessment of the level of protection of human
rights and freedoms in our country.
Continuing the study, we propose to classify
human rights guarantees by the criterion of
procedural actions, namely: guarantees of rights
and freedoms in the application of preventive
measures; guarantees of rights and freedoms in
the application of interim measures; guarantees
of rights and freedoms in the conduct of
investigative (search) actions; guarantees of
rights and freedoms in the conduct of covert
investigative (search) actions; guarantees of
rights and freedoms of the accused during court
proceedings. In addition, this classification
should also include the principles of criminal
proceedings, since it is in accordance with these
principles that all criminal procedural actions
should be performed.
It is proposed to classify them as follows: the
principles of criminal proceedings; guarantees of
rights and freedoms in the application of
preventive measures; guarantees of rights and
freedoms in the application of interim measures;
guarantees of rights and freedoms in the conduct
of investigative (search) actions; guarantees of
rights and freedoms in the conduct of covert
investigative (search) actions; guarantees of
rights and freedoms of the accused during court
proceedings.
The performance by law enforcement agencies of
their duties is the main condition for the
protection of human and civil rights and
freedoms, but the results of this activity depend
not only on the level of professionalism of law
enforcement officers, but also on the degree of
trust in them by the population. That is why one
of the key areas of reforming law enforcement
agencies should be a new vision of interaction
between law enforcement agencies and the
public.
For law enforcement officers, human rights
should be an integral part of their legal culture
and legal awareness. Effective enforcement of
fundamental human rights and freedoms by law
enforcement agencies depends on legal training.
That is why an important task facing law
enforcement officers is to improve their
knowledge of the legal acts of both national and
international regulation governing the protection
of human rights and freedoms.
Among the urgent tasks that stand in the way of
improving the activities of law enforcement
agencies in protecting human and civil rights and
freedoms is the problem of improving domestic
legislation regulating this area.
Conclusions
Based on the results of the scientific study of the
provisions of the current legislation, law
enforcement practice, scientific approaches, as
well as surveys, we conclude that the rights and
freedoms of a person are of no importance if
there is no mechanism for their implementation.
Despite the fact that the number of legal acts
regulating procedural activities during criminal
proceedings is growing, the effectiveness of the
organisational mechanism in the field of human
rights protection and implementation of
guarantees is not improving.
Reforming law enforcement agencies is the first
step taken by our state on the way to
approximation to European standards in the
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protection of human and civil rights. However,
today's situation requires new legal approaches
from the state to ensure human and civil rights.
This requires fundamental changes in the
organisation of the legal framework for the
functioning of law enforcement agencies,
including improvement of forms and methods of
ensuring human and civil rights and freedoms,
raising the level of legal culture of law
enforcement officials, humanisation of law
enforcement activities and increasing the level of
trust among the population, etc.
The main task of the guarantees is to ensure
unimpeded implementation, protection and
defence of human rights regardless of their status
and position in the proceedings, protection
against arbitrariness of the investigating
authorities, and exclusion of the possibility of
accusatory bias and, as a result, investigative and
judicial errors.
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