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"

The main aspects of the violation of individual rights at the time of detention

The main aspects of the violation of individual rights at the time of detention

Pages: 170-177
Year: 2016
Location: Pravova Ednist Ltd

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Detention as a type of preventive measures carried out in the manner and on the grounds specified in the Criminal Procedure Code of Ukraine. The detention of persons as possible to the decision of the investigating judge of the court, and without it. Detention without a court order is possible during lawful detention and detention authorized person. However, the period for bringing a detainee or report this fact to the authorized person is not included in the total period of detention under art. 211 CPC of Ukraine. That is, the right to free movement of persons can be broken for a long time, depending on the situation. It is proposed to calculate the period of detention of a person from the moment of deprivation of the right to freedom of movement through coercive action. Also, the current CPC of Ukraine does not provide an accurate list of officials authorized to arrest and detention of the minutes. Granting powers and duties of the person who carried out the immediate arrest of the person on the drafting of these documents as well as ban the delegation of duty, except in exceptional cases, will discipline the police and protect from committing illegal detention.

In addition, the legislator must define a clear time frame, which refers to the concept of "direct persecution" person because, through the issue unresolved and different interpretation of these regulations, the legal basis for detention of a person for an offense to p. 2 p. 1 art. 208 CPC of Ukraine, often disputed party protection in the order of art. 206 CPC of Ukraine.

One controversial aspect is the requirement p. 3 p. 1 art. 208 CPC of Ukraine in terms of whether other employees have a right of pre-trial investigation, not National Anti-Corruption Bureau of Ukraine, to arrest a person on the basis of the rule, if these grounds and there. And whether the rule should apply to all persons or only to those who have the procedural status of a suspect in criminal proceedings.

Keywords: human person; detention; detention; agent; direct persecution. 

The main aspects of the violation of individual rights at the time of detention