ՁԵՐԲԱԿԱԼՄԱՆ ԻՐԱՎԱՉԱՓՈՒԹՅԱՆ ՈՐՈՇ ՀԻՄՆԱԽՆԴԻՐՆԵՐԻ ՄԱՍԻՆ / ON CERTAIN ISSUES OF LEGITIMACY OF THE ARREST

Abstract

This research is dedicated to judicial guarantees of legitimacy of the arrest. The newly adopted Criminal Procedure Code of the Republic of Armenia has fundamentally changed the structures of the arrest, so this article discussed some issues related to the legitimacy of the arrest, and based on which, specific recommendations were presented to make the new code easier to apply. In order to achieve the goals set by the Constitution, the state, using suitable and necessary means, can proportionately limit the fundamental rights and freedoms of individuals. The more intensive the restriction of basic rights and freedoms of a person, the greater the burden of justifying the restriction. One of the fundamental rights subject to restriction is also the right to freedom of the person. A measure of restriction of the right to freedom is the arrest of a person, keeping him in prison, as well as applying detention to the accused as a preventive measure. The current Criminal Procedure Code of the Republic of Armenia (hereinafter referred to as the Code), making significant changes to the staged structure of the criminal procedure, establishes a number of innovations related to arrest procedures. Given that the new Code is not yet sufficiently "polished", this research becomes even more relevant.