LIMITATION OF FREEDOM OF DISPOSAL OF SUBJECTIVE RIGHT IN CRIMINAL PROCEEDINGS IN RUSSIA

Abstract

The article examines the inadmissibility of waiving the subjective right in the criminal process in Russia. Based on the nature of a subjective right, a participant in criminal proceedings is free to use it (he can both use the right and refuse the social benefit provided to him), however, he may be limited in this freedom. With the help of general scientific methods of analysis and synthesis, the article substantiates that the impossibility of a person to renounce his subjective right is a restriction of the right. The authors come to the conclusion that depriving a person of the opportunity to dispose of his subjective right in the form of not accepting a waiver of it by the inquirer, investigator, court must comply with the general requirements for the restriction of rights: legality, reasonableness, proportionality. According to the requirement of legality, the possibility of not accepting a waiver of a subjective right on the part of officials conducting criminal proceedings should be clearly and unambiguously fixed in the criminal procedural legislation; the requirement of reasonableness necessitates the compliance of the applied restriction of the right with the established goals and grounds; according to the requirement of proportionality, the restrictive means used must be adequate to the aim pursued. The results obtained can be used for further scientific study of issues related to the legal status of the individual in the criminal process, the study of the restriction of rights and freedoms in the process of criminal proceedings.