The principle of freedom and personal inviolability in the criminal executive law of Ukraine

Abstract

The article is devoted to defining the essence of the principle of freedom and personal inviolability in the criminal executive law of Ukraine. The provisions of international legal acts on the definition of this principle are considered. It is emphasized that the literal content of these international legal norms allows us to conclude that the authors of these acts are specifically focused on determining the principles of freedom and personal integrity within the legal relations related to the investigation of criminal offenses. It is noted that this principle should be interpreted in a broader way, taking into account its extension to the sphere of criminal-executive relations. The article presents the views and positions of domestic scientists on this issue. Scientific concepts on the definition of the principle of freedom and personal inviolability as one of the basic principles of criminal executive law of Ukraine are analyzed. The focus is on the analysis of “freedom” and “personal integrity” as separate elements of the generalized principle. The author’s point of view on the definition of the essence of freedom in the composition of the studied principle is given. The essential characteristics of personal inviolability are also determined, within which two key elements are separated. Such elements include: physical and mental integrity. The article emphasizes the correlation of these elements of personal integrity. The positive and negative aspects of the state regulation of the legal definition of both the element of freedom and personal inviolability as components of the principle of freedom and personal inviolability have been studied. The author’s view on the specified aspects of legal regulation is defined, in particular it is noted that positivity consists in normative definition of criteria of definition and realization of freedom and personal inviolability within the limits of criminal executive law. Instead, the element of negativity is the formation of a certain domestic policy of non-interference and non-interference in the implementation of the principle of freedom and personal integrity.