On the Conceptual and Categorical Apparatus in the Field of Personal Rights Protection in Criminal Proceedings

Abstract

The problem of protecting human rights and freedoms is one of the urgent and fundamental problems of modern legal theory and practice. The actualization of this problem is currently due to a significant update of the criminal procedure legislation. The solution to the problems of this protection is not possible without identifying and analyzing the theoretical basis for the protection of individual rights in criminal justice. In the course of the study, conclusions are drawn about the relationship between the concepts of “right”, “freedom” and “legitimate interest” that are similar in content. At the same time, it is noted that legal science proceeds from the fact that there is essentially no fundamental difference between the concepts of “right” and “freedom”, the concept of “legitimate interest” is a prerequisite for the implementation of the first two concepts. The article presents the positions previously expressed in legal science regarding the ratio of fairly similar general legal categories, such as “protection” and “preservation”. The author's point of view on the correlation of these concepts is expressed, it is concluded that the concept of “preservation” is broader in its content than the concept of “protection”, and includes the latter. It’s developed its own approach to understanding the protection of individual rights in criminal proceedings.