RESTRICTIONS ON THE CONSTITUTIONAL RIGHTS OF THE PERSON WHEN INVESTIGATIVE (SEARCH) ACTIONS ARE CARRIED OUT IN HER HOUSING

Abstract

The article examines the issue of observance of human rights and freedoms in criminal proceedings, identifies participants in criminal proceedings who are holders of rights in investigative (search) actions in housing or other property, as well as the regulatory framework for basic constitutional human rights. Based on the analysis of investigative and judicial practice, the most vulnerable constitutional rights have been identified, which require priority protection and protection during investigative (search) actions in a person’s home or other property. Emphasis is placed on maintaining a balance between the tasks of protecting the rights of the individual when conducting investigative (search) actions in the home or other property of the person and the effective fight against crime. The functional purpose and mechanism of ensuring the constitutional rights of a person to the inviolability of his home or other property, non-interference in private and family life, inviolability of property rights have been studied. The issue of admissibility of restriction of constitutional rights and freedoms in conducting investigative (search) actions in housing or other property of a person, which should be carried out on the basis of the law established by procedural order, in compliance with the general condition of inalienability of fundamental rights and freedoms. Based on the analysis of the decisions of the European Court of Human Rights, the criteria for the admissibility of restrictions on constitutional rights have been identified. Taking into account the analysis of the criminal procedural legislation of Ukraine, the general conditions for conducting investigative (search) actions in the home or other property of a person are determined. Emphasis is placed on increasing the role and importance of the investigator, prosecutor, investigating judge in ensuring the full realization of a person’s constitutional rights during a search, inspection, investigative experiment and other investigative actions in his home or other property, as well as improving procedural guarantees.