THE MOMENT OF DETENTION OF A PERSON: SOME PROBLEMS OF LEGAL REGULATION IN THE CRIMINAL PROCEDURAL LAW
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
In the article the authors from the practical point of view analyze the statute of the CPC of Ukraine concerning the detention of a person without a court decision as a temporary preventive measure. In connection with the fact that in art. 209 of the CPC of Ukraine, the determination of the moment of the detention of a person does not give a complete picture of what time is the starting point of the occurrence of the detainee’s rights, duties and, as a result of the imposed coercion, the appropriate restrictions of the constitutional rights and freedoms, the article proposes a new definition of the concept of “the moment of detention”, which distinguishes it from the present one, and also differs from the concept of a person’s “voluntary stay” at the place of the detection of the signs of a criminal offense. Analyzed legislation, as well as the actions of law enforcement agencies, their officials authorized to carry out the detention of a person. The proposed article defines the procedure and mechanism for fixing the moment of restriction of a person to free movement by an authorized officer. The problems of criminal procedural regulation of the moment of detention of a person are identified and the need for amending the Criminal Procedure Code of Ukraine is substantiated. Besides, the authors cite the characteristic features of the “detention” by the authorized person of the law-enforcement authority, as well as reveal the concept of “coercion” as a part of the detention and its essence in accordance with the Law of Ukraine “On the National Police”. Attention is focused on the determination of the legal basis for the detention of a person, guarantees of the observance of his rights and freedoms. The main components of the detention of the person. Taking into consideration the fact that the detention of a person is aimed at limiting the man and citizen’s constitutional rights and freedoms, the authors also analyzed the role of the prosecutor as a participant in pre-trial inquest, which is entrusted with the duty of supervising in the form of procedural leadership. In order to further introducing the appropriate changes to the procedural Law by the legislator, the authors of the article proposed a new wording of art. 209 of the CPC of Ukraine.
Authors and Affiliations
Ярослав Олександрович Помаз, Євгеній Юрійович Лазоренко
Keywords
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