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Criminal procedural guarantees of the rights of persons in proceedings with mutual legal assistance and in the order of adoption
Author(s) -
Anastasiia Pidgorodynska,
Liliia Shirobokova
Publication year - 2021
Publication title -
sciencerise. juridical science
Language(s) - English
Resource type - Journals
eISSN - 2523-4153
pISSN - 2523-4145
DOI - 10.15587/2523-4153.2021.235325
Subject(s) - receipt , procedural law , criminal procedure , sanctions , law , political science , order (exchange) , business , accounting , finance
The article is devoted to the issues related to the implementation of criminal procedural guarantees in the provision / receipt of international legal assistance and adoption proceedings. Emphasis is placed on the fact that in the scientific doctrine there is no established definition of criminal procedural guarantees in the provision / receipt of international legal assistance and in the implementation of proceedings by the way of adoption. It is proposed to understand them as a set of legally established methods and means (general and special), which ensure the effective implementation of the tasks of criminal proceedings, as well as prevent violations of procedural rights of persons involved, as well as their fundamental rights, freedoms and legitimate interests. The position of scholars on the separation of the following constituent elements in the system of criminal procedural guarantees is supported: criminal procedural form; general principles of criminal proceedings; procedural status of a person; criminal procedural mechanism for exercising the rights of the subjects of the criminal proceedings related to the provision / receipt of international legal assistance and the transfer of proceedings from the competent authorities of a foreign state. The disclosure of the content of criminal procedural guarantees, which are implemented in the studied procedural forms of international cooperation in criminal proceedings is through the prism of these interconnected and interdependent elements

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