Human rights guarantees in the activities of law enforcement agencies of Ukraine

Autores

DOI:

https://doi.org/10.34069/AI/2023.64.04.24

Palavras-chave:

human rights and freedoms, guarantees, principles, law enforcement agencies, criminal justice.

Resumo

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.

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.

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Biografia do Autor

Mykola Anatoliiovych Pogoretskyi, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine.

Doctor of Science in Law, Professor, Vice-rector for scientific and pedagogical work, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine.

Diana Serhieieva, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine.

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.

Mykola Mykolaiovych Pogoretskyi, National Academy of the Security Service of Ukraine, Kyiv, Ukraine, Kyiv, Ukraine.

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.

Yelyzaveta Lysachenko, National Academy of the Security Service of Ukraine, Kyiv, Ukraine.

Ph.D (Law), Researcher of the scientific laboratory, National Academy of the Security Service of Ukraine, Kyiv, Ukraine.

Grygorii Denysenko, National Academy of the Security Service of Ukraine, Kyiv, Ukraine.

Ph.D (Law), Researcher of the scientific laboratory, National Academy of the Security Service of Ukraine, Kyiv, Ukraine.

Referências

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Publicado

2023-05-30

Como Citar

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

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