Review

A crisis in the field of observance of human rights in Ukraine does not answer the international law obligation taken the state and is incompatible with the proper level of legal development. National strategy in the field of human rights foresees creation of the effective system of defense of right on freedom and bodily security. Bringing to conformity of procedure of detention and holding of person under a guard with international standards, strengthening of efficiency of judicial control must become investigation of it after the grounds of imprisonment; establishment of level of defense of rights for personality, detained for a feasance administrative offence, more not low, than it is foreseen in criminal judicial.

Consequently the article is sanctified to International by the standards of providing of human rights in the field of criminal procedure, that is subject to application during realization of function of judicial control. Such standards are general principles and practice their providing set by Convention on the protection of human rights and basic freedoms 1950 year, and also made decision on her basis European Court on Human Rights. In the light of such standards judicial control is the obligatory judicial guarantee of providing on the pre-trial stages of criminal production of rights, freedoms and interests of persons that is suspected or accused of feasance of criminal offence. Author analyzed the Article 5 Convention that envisages a right on freedom and bodily security. During the limit of right on freedom and bodily security come forward the standards of observance of rights and freedoms of man: legality of imprisonment; validity (presence of the grounded suspicion and risks of illegal judicial conduct); knowledge is about the grounds of imprisonment; a right is on a judicial trial in order of control function of court; a right is on a compensation as a result of unlegality of imprisonment. In particular, a concept to «legality» acquires in practice the European Сourt of Human Rights. A national law in force is taken into account only as a starting point, text and/or application of which Court checks up in the light of more wide criteria of «legality», already produced practice of application of Convention. Estimation must head the investigation judge of validity of the suspicion pulled out a person for finding out, whether form these acts composition charged to suspected criminal offence. A negative answer does impossible application of any measure of suppression.

Keywords: inquisitional judge, judicial control, human rights, European standards, criminal production.