Stages Of Criminal Process Research Articles

THE POSITION OF THE DEFENSE COUNSEL AND THE CONFIDANT — IS THE DISCREPANCY ADMISSIBLE?

The article is devoted to theoretical issues and practice of expressing the inconsistency of defense positions among the participants of criminal proceedings represented by the lawyer and the accused (defendant), at various stages of criminal proceedings, which entails the violation of the right to defense and the limits of the trial as a whole. The manifestation of the lack of agreement in the positions of the defense counsel and the defendant is most often a different interpretation of the factual circumstances (the charge), which is reflected in a change in the qualification of the act committed by the accused (defendant), often leading to the worsening of the situation of the latter. The study considers situations of possible discordance of positions of the defender and his client, leading actually to violation of the right to defense, presented the approach of judicial instances to respond to such significant violations of criminal — procedural law on the part of the defense, both at the trial stage and during the consideration of motions of preliminary investigation bodies in accordance with Article 108 of the Criminal Procedural Code of the Russian Federation, actually in these cases indicating the refusal of the lawyer — defender from the assumed defense and implementation of the right to defense

Witness immunity in criminal proceedings: from theory to practice

The Constitution of the Russian Federation and the Code of Criminal Procedure of the Russian Federation establish a provision called witness immunity. This is a right, the use of which allows a participant in the process not to harm himself and his close relatives with his words or actions. This right is granted to many participants at all stages of criminal proceedings. Ensuring the implementation of the right to witness immunity is entrusted to state bodies and officials conducting criminal proceedings (investigator, investigator, prosecutor and court). The article analyzes the provisions on witness immunity contained in the Constitution of the Russian Federation and the Code of Criminal Procedure of the Russian Federation for their compliance. It is stated that Art. 51 of the Constitution of the Russian Federation has a broader content than paragraph 40 of Art. 5 of the Code of Criminal Procedure of the Russian Federation, which requires bringing the norms of the Code of Criminal Procedure of the Russian Federation into conformity with the Constitution of the Russian Federation. It is concluded that the procedure for clarification and implementation of the right to witness immunity does not have sufficient legal regulation in the Code of Criminal Procedure of the Russian Federation, which leads to certain violations in the work of the preliminary investigation bodies, but is partly compensated by clarifications of the Constitutional Court of the Russian Federation and established judicial practice.

The situation of bringing to justice of a deliberately innocent person

The aim of the work is the research such a feature of the objective side as the situation of a criminal offense provided for in Article 372 of the Criminal Code of Ukraine. The topicality is due to the lack of scientific development of the situation of bringing to justice of a deliberately innocent person, which leads to its neglect in practical activities when establishing the objective side of the crime. The methodological basis of the study is the complex of such methods as empirical, general logical and special legal methods, since the research of the problem of the situation requires the use of a wide toolkit of methodology. For example, empirical methods were used to study the practical implementation of normative prescriptions in judicial practice. The comparative legal method was necessary for a qualitative comparison of adjacent and competing criminal offenses in order to distinguish them. In addition, the terminological approach was applied to clarify the definition of the situation, which was not only contained in the science of criminal law for its unambiguous understanding. The article consistently examines the general concept of the circumstances of the commission of a crime in various aspects, first of all, in criminal law and criminalistics, as well as the need to establish the situation during the investigation of all criminal offenses, regardless of its fixation in the disposition of an article of the Special Part of the Criminal Code of Ukraine. It was analyzed the circumstances of the commission of the crime provided for in Article 372 of the Criminal Code of Ukraine, which is not enshrined in the specified article, but directly follows from its content and is the obligatory feature of the objective side, because the commission of this crime outside the pre-trial investigation excludes qualification by this article of the Criminal Code. The practical significance of the research lies in the theoretical provision of pre-trial investigation and trial with the aim of properly establishing all the circumstances relevant to the case and the correct qualification of a person’s actions under Article 372 of the Criminal Code of Ukraine. According to the results of the conducted research, the definition of the situation of bringing to justice of a deliberately innocent person is singled out. It was determined that the commission of this crime is possible only during and under the conditions of a pre-trial investigation, which would simultaneously be the stage of criminal proceedings, the period of time of its conduct, and the procedural activity of authorized persons.

Stages of criminal proceedings: basis for division and features.

Stages of criminal proceedings: basis for division and features.

Basic models of building pre-trial investigation as a stage of criminal proceedings in foreign countries

One of the main areas of development of criminal procedure legislation has been, and still is, the differentiation of criminal proceedings into pre­trial and trial stages. The author notes the current trends in national criminal procedure legislation aimed at optimising the procedure for investigating criminal cases and reducing the timeframe for their investigation. The desire for democratisation of the criminal procedure doctrine, strengthening of the guarantees of admissibility of evidence, adversarial process, and changes in the process model itself, along with the fundamental trends in the development of the rule of law, have led to a large-scale adoption of foreign criminal procedure institutions.
 The authors examines the main models of pre­trial investigation as a stage of criminal proceedings in the countries with the Anglo-Saxon (England, USA) and Romano-Germanic (France, Germany, Switzerland) legal systems. Given the materials studied, it is noted that when building models of pre-trial investigation of criminal proceedings, regardless of the system of law used in different States, the legislator focuses on improving two areas: criminal procedure and criminal law. The criminal law criterion is responsible for determining a more moderate sentence by reaching an agreement between the prosecution and defence. The criminal procedural criterion, in turn, defines two more areas of change: the possibility of reducing the procedural timeframe of the proceedings in a certain part or in general; reducing the procedural obligations of persons involved in criminal proceedings. The authors come to the conclusion that it is necessary to modernise the current model of the pre-trial stage of the national criminal procedure with due regard for the positive experience of the most developed Western countries.

THE PLACE OF LEGAL NORMS ON APPEALING AGAINST ACTIONS (INACTION) AND DECISIONS IN THE CRIMINAL PROCEDURE LAW OF RUSSIA: PROBLEM STATEMENT

The article examines the criminal procedural norms governing criminal procedural appeal in the aspect of the main scientific directions on the topic under study. The purpose of the study is to determine the essence and the place of the legal norms of appeal in the criminal procedure law, the specifics of legal relations regulated by them. Materials and methods. To achieve the purpose of the study, the method of materialistic dialectics, logical, systemic and structural methods were used. The empirical basis of the study was made up of court decisions and the results of research performed by other authors. Study results. The nature of the emerging links between the legal norms of appeal in the Russian criminal procedure legislation is analyzed, the features of legal relations regulated by them are investigated, their place in the sectoral subject of criminal procedure regulation is determined. The main scientific directions on the subject under consideration, in conjunction with the author's conclusions, made it possible to identify a relatively independent area of the law on the topic under study. Conclusions. The author comes to the conclusion on heterogeneity of the legal norms of appeal, on different conditions for realizing the right to a complaint, depending on the stage of criminal proceedings and the subject of law. In connection therewith, a different legal regulation of legal relations in connection with the criminal procedure appeal is inevitable. The results of the study give the opportunity to conclude that the issues of appeal are not limited in their legal regulation by one universal legal institution of the industry and represent a more complex set of norms having relative independence within the branch of criminal procedure law.

Innovations in the Criminal Procedure of the Republic of Azerbaijan: Prospects for the Implementation of Modern Methods and Technologies in the Work of Specialists

The importance of the research lies in the fact that digital technologies are increasingly permeating every aspect of human existence, including the judicial system. Information technologies are being integrated into specific aspects of criminal proceedings, such as the seizure of electronic media during investigations, the utilisation of video conferencing in court hearings at different levels, and the submission of motions, applications, and complaints in electronic format. The purpose of the study was to identify the general theoretical provisions of the criminal procedure form of information technologies used to organise the activities of officials and bodies conducting criminal proceedings, collect, verify, and evaluate evidence, control the activities of officials and bodies conducting criminal proceedings, and ensure the security of information technologies used in criminal procedure of the Republic of Azerbaijan, taking into account their current state. Methods of research included dialectical, comparative-legal, systemic-analytical, and logical approaches. The results of the study state the argumentation of the position that at the present stage, it is necessary to create a unified digital environment of criminal justice, including the transition to recording the course of procedural, as well as investigative, actions by means of technical means and saving the results in electronic form. It is important improving the use of electronic document flow between state bodies and officials within the framework of criminal procedure relations and to expand the use of remote forms of procedural actions at any stage of criminal proceedings, including the participation of all interested parties in court hearings. It is equally important to provide the victim with the opportunity to track the progress of a criminal case online via the Internet, from filing an electronic application to the sentencing. It is considered effective for the future to introduce a convenient and reliable technology of certification of a procedural document by any participant in the criminal process instead of its usual signature.

형사소송법 개정에 따른 수사절차 변화에 관한 소고

Prior to the revision of the Criminal Procedure Act, the prosecution was criticized for excessive concentration of authority as a state agency with authority at all stages of criminal proceedings, and was sometimes controversial for unfair investigative intervention. When the risk of illegal or insufficient investigation can be regulated, that is, the discovery of substantive truth in criminal proceedings by due process may not be hindered. In short, the revision of the Criminal Procedure Act does not deprive or reduce the authority of prosecutors, but reorganizes the prosecution and police into a cooperative relationship through mutual checks and balances to promote the principle of due process and to discover substantive truth.
 Illegal and insufficient investigations raise concerns not only for the prosecution but also for the police. Therefore, the revised Criminal Procedure Act closely established appropriate procedural conditions for proper criminal justice through a check system for police investigations, such as the right to request supplementary investigation, copy of case records, transfer, and disciplinary action. What is important here is that the change in the investigation procedure is not a status relationship between the prosecution and the police, but a “cooperative role-sharing relationship” and should function as a “companied peer relationship” for the right criminal justice. In other words, the prosecution's control system for police investigations should be established on the premise of a companion peer relationship.

THE ISSUE OF ADVERSE EFFECTS IN CASE OF VITRO FERTILIZATION

The article deals with the issues of regulation of practical activities related to the use of assisted reproductive technologies (ART). Currently, disputes about the quality and the results of in vitro fertilization, surrogacy and the use of other methods of infertility treatment are considered to be mainly in the realm of civil litigation. However, even the most high-tech medical devices are associated with a certain degree of risk to life and health. Cases of fatal outcomes among mothers or babies after the use of ART lead to the initiation of criminal cases against healthcare providers. At the same time, the forensic methodology of investigating such cases requires a commission forensic medical examination, the results of which become the major stumbling block at all stages of criminal proceedings. There are challenges in the organization and methodological support of the work of the investigation, the prosecutor's office and the courts. Especially, when several experts with opposite views clash in court over a case, where they completely or partially refute each other. In our paper we highlight an example of such a case to improve legislation and judicial practice in this area.

The Peremptory Writ in the Code of Criminal Procedure

Criminal proceedings take place in accordance with the law. Both the summons and the transmission of documents or the peremptory writ are carried out according to the criminal procedural decisions established by the Code of Criminal Procedure. The summons, prior to the warrant to be brought, is carried out ex officio, which also implies the obligation to carry out the summons procedure. It is fundamental to carry out the summons procedure correctly and to serve other procedural documents at every stage of criminal proceedings (criminal investigation, preliminary chamber and trial), representing the official way by which the procedural subject is informed about procedural acts performed or procedural measures ordered by justice. Failure to comply with the summons and bringing process may lead to the reopening of criminal proceedings, resulting in delays in solving the case and criminal trials that do not comply with the provisions of the European Convention on Human Rights. It is essential to know the rules of procedure regarding summoning, warranting and serving documents, in order to perform a correct act in court, and in carrying out a good judicial conduct, the clerk plays a very important role, becoming a real help for the activity of a prosecutor or judge. Through the professional and competent performance of his/her duties, the Registrar also has a major role in the prompt resolution of cases.

형사절차상 통지 대상자와 권리행사자의 범위에 대한 문제점과 개선방안

In the case of voluntary accompanying or arrest by an investigative agency, certain facts or rights are required to be notified so that the accompanying person does not interfere with the safety, condition, or future exercise of defense rights, and the notified person is prescribed at each stage of criminal proceedings. In this way, notifying a person who has a certain relationship with the companion is to secure the principle of disclosure of criminal proceedings and the legitimacy of criminal proceedings.
 However, in the case of voluntary accompanying, it is not reasonable to stipulate that only the police officer's job execution law is notified and not stipulated in other laws. Therefore, even in the case of voluntary accompanying, the freedom of the companion's body is limited, so in order to guarantee the right to defend, it must be revised to notify the subject such as personal arrest. The person who has received the notification must be able to claim various rights, etc. for the parties. However, it is unreasonable because the subject of the notification and the claimant do not currently match. The subjects of the current notification are “lawyers, legal representatives, spouses, immediate relatives, siblings,” and “family members, cohabitants, and employers” can only request arrest, binding pride, or bail. This should be viewed as an inconsistent problem of the subject of notification or the claimant. The subject of the notification is to guarantee the party's right to defend, so it is necessary to expand the scope.
 If there is a lawyer, the scope of the subject should be notified to the lawyer, and in the case of minors, etc., the legal representative should be notified, and in the case of marriage, the spouse should be notified. Next, relatives should also be revised to be the subject of notification. In addition, since there is no person to notify, the person behind the fact-marriage or foreign worker must notify the cohabitant, and it is reasonable to revise it to notify the employer in case there is no cohabitant. It is considered that the subject of the notification is reasonable to amend to 'lawyers, legal representatives, spouses, relatives, cohabitants, and employers'.

Interaction of the investigator with the bodies carrying out operational investigative activities at the stages of criminal proceedings

Interaction of the investigator with the bodies carrying out operational investigative activities at the stages of criminal proceedings

Prosecutor in the Stages of Criminal Process in the Russian Empire before the Judicial Reform of 1864 (Legal Status, Activity and Reform Doctrine)

To understand the nature of the changes that occur as a result of any reform, i t is important to analyze the pre-reform orders. In this regard, when studying the transformations of the Prosecutorʼs Office of the Russian Empire, which were an integral part of the judicial reform of 1864, it is relevant to study the functions of the prosecutor’s office in the pre-reform period, especially in the criminal process, in which the greatest changes occurred later during the reform. The purpose of the article is to characterize not only the legal status, but also the actual role of the prosecutor in criminal process in the Russian Empire during the period immediately preceding the judicial reform of 1864, as well as to identify the tendencies of doctrinal transformation of the role of the prosecutor’s office in criminal proceedings. The research is based on the historical-legal method. Formal-legal and hermeneutic methods were used to clarify the legal status of prosecutors. And structural-functional, praxeological and statistical methods were used to characterize the practical activities of the prosecutorʼs office. The article describes the legal status of prosecutors in the pre-reform period and shows that in court they performed only a supervisory function. The forms of prosecutorial supervision over the order of proceedings in the courts and the Senate, as well as the legality of their decisions, are considered. The results of the practical activities of the prosecutorʼs office are determined. The changes of pre-reform doctrinal views on the role of the prosecutor in the criminal process are analyzed. Conclusions are drawn about the limitations of the prosecutorsʼ powers in the pre-reform period, about the formalism of their participation in the consideration of cases in court, about their passivity at the stage of reviewing judicial decisions and about the liberal transformation of the government doctrine of reforming the powers of the prosecutorʼs office in the criminal process. The previously dominant conservative view was overcome in the early 1860s, and the liberal approach became predominant, which assigned to the prosecutor’s office the function of accusation that had previously been absent from it. It was this approach that was the basis of judicial reform.

The right of access to restorative justice and mediation at the stage of criminal enforcement proceedings. Comments de lege lata and de lege ferenda

The subject of the article is a formal and dogmatic analysis of the right to mediation, which is part of the right of access to restorative justice. The aims of the article are determined by the structure of the content, with the limitation of considerations to the stage of executive proceedings in criminal cases. First, the aim is to analyze the legal structure of the right of access to restorative justice and mediation. Secondly, the answer to the question of whether, in the light of EU and international law, there is an obligation for state authorities to ensure that the right to mediation is exercised, together with an analysis of its content. Third, the formulation of de lege ferenda proposals related to the establishment of the right of access to restorative justice and mediation. Despite the position, formulated for years in the documents of the Council of Europe, that restorative justice and mediation should be a public service at every stage of criminal proceedings, it has not been established at the stage of executive proceedings. However, this does not result from a defective implementation of EU law, which does not impose an obligation to ensure the right of access to restorative justice and mediation services in areas where these services are not available, making EU Member States only guardians of the standards of services provided, and not guarantors of the possibility of implementing the right to use mediation. De lege ferenda establishing the right of access to restorative justice and mediation would include the power to submit a request for mediation and the obligation of state authorities to create conditions enabling its implementation but not guaranteeing mediation. The analysis of the right to access mediation, which has not been the subject of an explication in the doctrine so far, is to provide knowledge on the structure and potential directions of normative work, taking into account the regulations of EU law and documents of the Council of Europe related to the regulation of mediation proceedings at the stage of executive proceedings in criminal cases.

Subjects of proof in criminal proceedings on the offences in the economic sphere

An analysis of scientific approaches and provisions of criminal procedural legislation regarding the determination of the essence, features and structure of evidence in criminal proceedings, including crimes in the economic sphere, has been carried out. It has been determined that evidence in criminal proceedings on crimes in the economic sphere is a structured epistemological and praxeological activity of authorized subjects, which is implemented on the grounds and in the manner prescribed by criminal procedural legislation, and consists in collecting, verifying and evaluating evidence about the circumstances of commiting the named criminal offenses and other circumstances relevant to criminal proceedings. It has been argued that one of the most important elements in the structure of proof is the subjects. The specifics of proof in criminal proceedings on crimes in the field of economy have been clarified. It has been substantiated that the specificity of crimes in the field of economy affects not only the content of the subject of proof, sources of evidence and methods of proof, but also the subjects authorized to carry it out. It has been noted that the subjects of proof in criminal proceedings on crimes in the field of economy should be systematized according to certain criteria, taking into account both criminal procedural and forensic features of this category of criminal offenses and activities for their detection, pre-trial investigation and trial. It has been proposed to single out the following as criteria for the systematization of evidence subjects in the specified criminal proceedings: stages of criminal proceedings; responsibility for pre-trial investigation of crimes in the economic sphere; immediacy of proof. Systematization of subjects of evidence in criminal proceedings on crimes in the field of economy has been carried out.

Measures to Ensure the Presence of the Defendant in Criminal Procedure with Special Empty Detention

Fundamental human rights and freedoms are inalienable and underlie the entire legal order and are guaranteed by various international acts and the highest domestic legal acts. With the commission of a criminal offense, the prosecuting authorities in order to establish a certain factual situation and to establish the relevant legal facts, are obliged to prosecute a certain number of subjects and procedural parties, including the suspect. Therefore, in order to successfully conduct criminal proceedings, it is necessary to ensure the presence of certain persons. Their presence in the panel procedure is achieved by describing the obligation to respond to the invitation of the criminal procedure body. In order to ensure the presence of the defendant in criminal proceedings, there are measures which, in addition to preventing further criminal activity of the perpetrator, also aim to prevent him from avoiding further proceedings. From the above we can give a notion of these measures “which are procedural actions that remove or restrict the freedoms and rights of the person against whom criminal proceedings are conducted. Measures to ensure the accuracy of the defendant are not criminal sanctions. With these measures, efforts are made for successful development of the criminal procedure, but also the achievement of other goals such as: detention of perpetrators of criminal offenses and bringing them to justice, smooth development of criminal proceedings and undertaking criminal procedural actions, execution of the imposed criminal-legal sanction, obstruction of new criminal acts, provision of argumentative material or safety of people. Measures to ensure the presence of the defendant can be applied at all stages of criminal proceedings. The court must take into account the legal conditions laid down for concrete measures and ensure that it does not apply a heavier measure when a milder measure is sufficient. These measures are removed as soon as the causes that caused them cease, or are replaced by other more lenient measures when the conditions are created for this. In this paper will be treated detention on remand as the main issue, which as a measure to ensure the presence of the defendant in the proceedings is considered as one of the most serious measures provided by the legislator to ensure the presence of the defendant in criminal proceedings.

TARAQQIYOT STRATEGIYASINING ASOSIY MAQSADI – INSON QADRINI E’ZOZLASH

The role of a lawyer is very important in protecting the rights and interests of a person. One of the main tasks today is a radical increase in the efficiency of the advocacy. The Development Strategy for 2022-2026 provides for 100 goals in 7 areas, and this article is devoted to the institution of advocacy, which is one of the most pressing issues. In addition, this article emphasizes that one of the main directions is to increase human dignity and further develop a free civil society, and most importantly, the transformation of the principles of justice and the rule of law into a fundamental and necessary condition for the development of the country. Thus, proposals are presented on creating conditions for the implementation and expansion of the rights of a lawyer to protect the rights and legitimate interests of a person, equalizing the procedural possibilities of prosecution and defense based on the principle of disputability at all stages of criminal proceedings. Therefore, the issue of expanding the rights of a lawyer in determining whether the adversarial principle also applies to pre-trial proceedings. To improve the criminal procedure legislation on some problems of this institution, scientific, theoretical, and practical recommendations are given on the mechanism for implementing the priority tasks set in the development strategy.

TERGOV SUDYASI JINOYAT PROTSESSINING SUDGACHA BО‘LGAN BOSQICHIDA SHAXS HUQUQLARINING KAFOLATI SIFATIDA

In our country, measures are being taken on raising to a new level of improvement in the human rights protection system, protecting the rights and interests of the individual, increasing the prestige and procedural status of a lawyer at all stages of criminal proceedings, ensuring guarantees for protecting the interests of citizens, providing rights and interests of citizens in court and law enforcement, and building confidence for the system. Despite the reforms, the analysis shows that the defender does not have full rights to carry out his professional activities, the mechanism for their implementation is not sufficiently developed, and there are certain obstacles, including participation in the process of proving and contradictory norms in the implementation of proving, the existence indicates the need to study in these areas. The results of the analysis of judicial practice show that the mechanisms for ensuring the protection of the rights and freedoms of the individual in criminal proceedings are not fully implemented, and there are also gaps in the legislation that make it possible to clearly define the powers of law enforcement agencies to conduct an investigation. This article analyzes the issue of protecting the rights of lawyers.

Az agyi alapú hazugságvizsgálat korlátai

Brain-based lie testing methods are still very much in the experimental phase, and it is not yet proven whether there is any method that directly examines the human brain that is suitable for lie testing. Even if a method works, it is necessary to clarify the concerns and doubts that it raises. What would be the procedural and forensic limitations of such a method, and at what stage of criminal proceedings would it be appropriate? There are many questions and doubts, yet there are criminal cases overseas in which some methods considered suitable for lie detection, such as brain fingerprinting, have been used. These attempts were premature, and the method should have been validated before it was tried in a criminal case.

ЗДІЙСНЕННЯ ПРАВОСУДДЯ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ ВИКЛЮЧНО СУДАМИ

The provision on the administration of justice exclusively by courts, which is promulgated by the norms of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Criminal Procedure Code of Ukraine, has a fundamental nature and corresponds to the main features of the principles of criminal proceedings. The purpose of the article is: to reveal the content of the principle of the administration of justice in criminal proceedings exclusively by courts in connection with the institution of jurisdiction, the modern judicial system in Ukraine, the exercise of powers by the court to administer justice in various stages of criminal proceedings and the goal of justice. The importance of jurisdiction for ensuring justice is emphasized, which consists in creating conditions for the implementation of the principles of criminal proceedings during the trial and the adoption of a lawful court decision. It was noted that an important guarantee of effective and fair justice is the proper organization of the judicial system and a clear and legally justified definition of the rules of jurisdiction. Within the analysis of the content of the principle of the administration of justice in criminal proceedings exclusively by the courts, it is substantiated that in accordance with the established system of the judiciary in Ukraine and the rules of jurisdiction provided for by the Code of Criminal Procedure, justice in criminal proceedings is carried out by local general courts, the High Anti-Corruption Court, appeals courts and the Supreme Court in the order specified by the Code of Criminal Procedure in the stages of court proceedings. Attention is paid to the implementation of the specified principle in various stages of criminal proceedings. It was concluded that the administration of justice by the courts takes place at all stages of the court proceedings when deciding the issues on the merits of the accusation: in the preparatory court proceedings, the court proceedings in the first instance, the proceedings for the review of court decisions in the appeal, cassation procedure, as well as in newly discovered or exceptional circumstances. The stages of law enforcement in the administration of justice by a court in criminal proceedings are distinguished: establishment of circumstances to be proven and other circumstances that are important for criminal proceedings; criminal qualification of the act; adoption and execution of a court decision. It is argued that the interconnectedness of the formal and substantive essential features of justice gives grounds for defining it simultaneously as an activity and as a goal. It was determined that the goal of justice in the judicial process is realized by the adoption of a legal, justified, motivated and fair court decision, which resolves the socio-legal conflict and ensures the protection of the rights, freedoms and interests of individuals.