The concept of effectiveness of ensuring the rights and legal interests of a person in pre-trial criminal proceedings
DOI:
https://doi.org/10.61345/1339-7915.2024.1.9Keywords:
use of law, legitimate interest, procedural guarantees, pre-trial criminal proceedings, waiver, waiver of legitimate interestAbstract
The following factors have a significant impact on the level of effectiveness of ensuring human rights and legitimate interests in criminal proceedings: the political regime in the country, the level of legal culture of the population, the level of economic well-being of the population, the state of compliance with the rule of law, etc. It is possible to assess the effectiveness of ensuring human rights and legitimate interests in criminal proceedings only taking into account the above factors. The purpose of this scientific work is a legal analysis of signs of the effectiveness of ensuring human rights and legitimate interests in criminal proceedings; based on the studied characteristics, formulate the concept of the effectiveness of ensuring the rights and legitimate interests of a person in pre-trial criminal proceedings. The methodological basis of the research is based on general scientific and special methods, in particular, dialectical, comparative legal, formal logical, structural and functional, and the method of theoretical generalization. It was found that the effectiveness of ensuring the rights and legitimate interests of a person in criminal proceedings is manifested in two aspects: 1) the ability of procedural guarantees to achieve the goal of providing an individual with a legal and actual opportunity to use the right and satisfy the legitimate interest in a minimum period of time; 2) the ability of procedural guarantees to achieve the goal of providing individual with a legal and actual opportunity to renounce the right and legitimate interest in a minimum period of time. It has been determined that the effectiveness of ensuring the rights and legitimate interests of a person in criminal proceedings is the ability of procedural guarantees in a minimum period of time to achieve the goal of providing individual with the legal and actual opportunity to use the right and satisfy a legitimate interest or the opportunity to renounce the right and legitimate interest in pre-trial criminal proceedings.
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