Abstract
The purpose of this research is to analyze international legal standards that guarantee the right to liberty and personal security in criminal proceedings. The subject of the study was the requirements of international acts, the decision of the European Court of Human Rights and the provisions of the current criminal procedural legislation of Ukraine on the issues of guaranteeing and securing of that right. The authors of the article used the following methods: dialectics, comparative legal, system analysis, formal logic. The relevance of the topic of this article depends on the fact that the current direction of the reform of the criminal procedural legislation is aimed at strengthening the legal guarantees for the protection of a person, protection of his rights, freedoms and legitimate interests in criminal proceedings. Such a fundamental right of every human being as the right to liberty and personal security is no exception to this. In this context, the legal mechanisms for the application of coercive measures need to be reviewed, re-evaluated and adjusted. This, of course, reflects the approximation of national law to international legal standards, European values, the establishment of the rule of law, and so on.
Highlights
European integration processes in Ukraine require the state to make substantial changes in all areas of law towards the strengthening guarantees of human rights and freedoms
Still in the text of Grand Charter of Liberties (England, in 1215) it was said that no free person can be imprisoned or arrested except under the law of their equals and the law of the state
Relevant guarantees of human rights for freedom and personal security are contained in fundamental international human rights instruments
Summary
European integration processes in Ukraine require the state to make substantial changes in all areas of law towards the strengthening guarantees of human rights and freedoms. After all, according to Article 3 of the Constitution of Ukraine (1996) (the fundamental law of the state), a person, his life and health, honor and dignity, integrity and security are recognized as the highest social value in Ukraine. Freedoms, and their guarantees determine the essence and orientation of the state. The state is responsible to the person for its activities. The promotion and protection of human rights and freedoms is the main responsibility of the state. That is why the recent reform of criminal procedural legislation should be aimed at introducing more effective protection of human rights and strengthening the entire criminal justice system
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