Open AccessCriminalisation of violation of the right to defence as a remedy for its enforcement (national legislative experience)
Author(s) -
Oleksandr Zhytnyi,
М. О. Спірідонов,
Andrii Vasyliev
Publication year - 2021
Publication title -
przegląd europejski
Language(s) - English
Resource type - Journals
eISSN - 2657-6023
pISSN - 1641-2478
DOI - 10.31338/1641-2478pe.1.21.11
Subject(s) - legislature , dialectic , political science , value (mathematics) , enforcement , criminal law , task (project management) , law , object (grammar) , constitutional right , law enforcement , criminal procedure , law and economics , sociology , economics , computer science , constitution , philosophy , epistemology , machine learning , artificial intelligence , management
The opportunity of admission of the right to defence as an independent object of criminal law protection is analysed in this article. Such opportunity has been considered with the reference to the procedural, constitutional, international law and European aspects of the value of this right. The system-structural, dialectical and comparative methods, as well as the axiological (value) approach were chosen as a methodology for the implementation of the research task. The potential models of criminalisation of violation of the right to defence have been identified as a result.