
Restrictions of individual’s rights, freedoms and legal interests within temporary access to items and documents: practical aspects.
Author(s) -
Andriy Melnychenko
Publication year - 2021
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-3-277-284
Subject(s) - institution , political science , human rights , law , control (management) , criminal investigation , argumentation theory , process (computing) , internet privacy , law and economics , sociology , computer science , philosophy , epistemology , artificial intelligence , operating system
Temporary access to things and a document as an institution that restricts human rights and freedoms in criminal proceedings and its main properties have been studied. Attention is drawn to the problem of numerous risks of human rights violations during the application of temporary access to things and documents due to unfounded and weak argumentation of investigators' requests for temporary access, as well as a superficial assessment of circumstances by the investigating judge due to overload of requests. Statistical data have been studied, which indicate the need for consistent reform of judicial control in the direction of studying the materials and making informed decisions. Temporary access to things and documents in the criminal process is part of the institution of measures to ensure criminal proceedings. It attracts the attention of scholars because it has a rather complicated procedure for obtaining a decision on temporary access to things and documents, which must be provided by the investigating judge based on the results of the petition. The mechanism of judicial control indicates that this measure to some extent restricts the rights, freedoms or legitimate interests of a person – a participant in criminal proceedings or a third party. Related to this is the problem of the measure under investigation, which is the risk of violation of the rights of individuals, because every year the investigating judges receive a large number of requests for temporary access, and there are specific features in terms of providing temporary access to things and documents containing legally protected secret.