ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

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National legal mechanism for ensuring the rights of participants of criminal proceedings

Pages: 195-201
Year: 2018
Location: Pravova Ednist Ltd

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State activity in protecting people rights, freedom and interests is the main goal in the functionality of state bodies in society. The creation of effective implementation of protection the rights of citizens, respect for human freedoms, ensuring favorable conditions for the realization of human legitimate interests - all these tasks are necessary for the creation of a constitutional state.

The purpose of this article is to analyze the elements and peculiarities of the national legal mechanism for ensuring the rights of participants of criminal proceedings. The author also aims to reveal the features of the separate national mechanism to ensure the rights of the participants of criminal proceedings, especially those, that have been introduced relatively recently.

Within the scope of this research, we will analyze the subject, the procedure and the legislative sources of the national legal mechanism for ensuring the rights of participants of criminal proceedings, because the study of the problems of the system of ensuring the rights and freedoms of a person and a citizen has  great practical importance for the further development of the science of criminal procedural law and the reform of Ukrainian legislation in the European integration aspirations of Ukraine, improvement the practice of realization and protection of human rights, development of Ukraine as a democratic  state. Having examined the elements of national mechanism for ensuring the right of participants of criminal proceedings, we can develop our own vision of the general and individual role of elements of national mechanism for ensuring the right of participants of criminal proceedings.

The national mechanism of ensuring the rights of participants of criminal proceedings functions not only within the framework of criminal justice. An institution of constitutional jurisdiction is a significant factor influencing the level of protection of the rights of participants of criminal proceedings. The Constitutional Court of Ukraine as an element of the national mechanism for ensuring the rights of participants of criminal proceedings began to play the particular weight with the introduction of the constitutional complaint institute.

Key words: the mechanism of provision, the rights of participants of criminal proceedings, the legal procedure, the national mechanism for the protection of human rights, the Constitutional Court of Ukraine. 

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