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Frantsiforov Yu.V. Inviolability of the Person in Criminal Proceedings as a Guarantee of the National Security Strategy

DOI: https://doi.org/10.15688/lc.jvolsu.2018.2.2

Yuriy V. Frantsiforov, Doctor of Sciences (Jurisprudence), Professor, Department of Criminal Procedure, Saratov State Law Academy, Chernyshevskogo St., 104, 410056 Saratov, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it.  


Introduction: the national security of the state is caused by the requirement to ensure the inviolability of the person, society and the state from the external and internal threats, including in the field of criminal justice, designed to protect the constitutional rights and freedoms of everyone involved in the criminal process. The main subject of ensuring the security of citizens in the field of criminal justice is the state, represented by the prosecutor, judge, investigator, body of inquiry and investigator, who are obliged to protect the rights and legitimate interests of persons who have suffered from a crime, as well as to protect the person from illegal and unreasonable criminal prosecution, because the person, his rights and freedoms are the highest social value, and their protection is a direct duty of the state, due to the guarantees of the national security of citizens’ rights. In this regard, the goals of this study are: the disclosure of the content of the legal framework of the national security of the state guaranteeing the inviolability of the person in criminal proceedings; the development of recommendations to improve the international and national criminal procedure legislation and the law enforcement activities within the framework of the legal guarantees to ensure the safety of citizens in criminal proceedings. Methods: the methodological framework for this scientific article is a number of methods of scientific cognition, as well as the general scientific research methods such as dialectical, logical, systemic, structural and functional ones including such specific scientific methods as comparative law, formal legal and other methods. Results: in the article the author defines that the national security is a system of measures that are due to the need to ensure the inviolability of the person, society and the state, not only from external, but from internal threats, in various spheres of life and activity of Russian citizens, including in criminal proceedings. The article analyzes the measures to ensure the inviolability of the person in criminal proceedings when the investigator, prosecutor or court chooses the measures of criminal procedural coercion against the accused, suspect and defendant. Conclusions: as a result of the study, there have been made the recommendations to improve the regulatory framework governing the protection of human and civil rights and freedoms guaranteeing the inviolability of the person in criminal proceedings, as well as to make proposals for amendments to the international and national criminal procedure legislation and law enforcement activities within the framework of the legal guarantees to ensure the safety of partiesto a criminal proceeding.

Key words: national security, inviolability of the person, criminal proceedings, protection of rights and freedoms, guarantees of security of the person in criminal proceedings.

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