CRIMINAL PROCEDURAL MEANS OF OVERCOMING VIOLATIONS OF CONSTITUTIONAL RIGHTS OF PARTICIPANTS IN PROCEEDINGS IN CASES WITH PUBLIC RESONANCE

Abstract

The article presents the results of a study of the problem of overcoming violations of the constitutional rights of participants in legal proceedings in cases with public resonance by criminal procedural means. The research is based on a dialectical approach to the study of social processes and phenomena, it used traditional methods for legal sciences - analysis and synthesis; comparative legal; formal legal; logical. The article is prepared on the basis of the author’s work experience as a criminal lawyer and is devoted to the analysis of the following problem. The sphere of criminal proceedings has always had the greatest law-limiting potential in comparison with other types of process. Legal restrictions can be divided into two types. The first type consists of legitimate and conditioned by the necessity and expediency of obtaining reliable evidence in the case, ensuring the normal implementation of the preliminary investigation, trial, other procedural stages and functions, protecting the security and rights of participants in the proceedings, other persons involved in this process, etc. In this sense, such very strict measures of procedural coercion as detention, house arrest, regulation of detention, search, operational search actions, etc. and related restrictions of rights are fully justified. This follows from the constitutional provision that human and civil rights and freedoms may be restricted by federal law only to the extent necessary in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the State. At the same time, procedural guarantees for the protection of suspects, accused, and defendants of their rights must be observed. The second type of legal restrictions in the field of criminal proceedings has no legal grounds and is associated with abuse and abuse of authority by law enforcement officers, preliminary investigation bodies, prosecutors, courts, etc. Such acts are clearly illegal, but at the same time their qualification can be different - from disciplinary, procedural, administrative to criminal. In the article, the author explores the background of the problem, using the example of criminal cases that have a public resonance, analyzes the system of rights of participants in legal proceedings, their legal regulation, the most common, most typical violations of the rights, first of all, of suspects, accused, defendants, as well as their defenders. Next, the author examines the legal means and mechanisms (methods) of overcoming violations in the criminal process. a number of conclusions and proposals aimed at improving the legal provision of the rights of these procedural subjects. In conclusion, based on the conducted research, the author formulates a number of conclusions and proposals aimed at overcoming the accusatory bias and violations of the rights of participants in court proceedings in cases with public resonance, improving and increasing the effectiveness of overcoming violations of the constitutional rights of participants in court proceedings in cases with public resonance.