PRACTICAL ASPECTS OF DETENTION BY AN AUTHORIZED OFFICIAL: A STUDY OF THE GROUNDS AND PRAXEOLOGY OF THE MEASURE

Abstract

The scientific article considers the issue of determining the specific affiliation of the institution of detention within the framework of criminal procedural law. Particular attention is paid to theoretical approaches to determining the place of detention in the criminal process system, in particular, the analysis of the dualistic view of scientists who treat detention as a separate legal institution or as a component of other procedural mechanisms. Attention is paid to the praxeological aspects of implementing the detention procedure in accordance with the provisions of the current Criminal Procedure Code of Ukraine. Attention is paid to problems that arise in the practical activities of practitioners, including the issue of compliance with procedural guarantees, the legality of restrictions on the right to liberty and personal integrity. The grounds for detention, which are defined as lawful conditions for temporary restrictions on the right to liberty and personal integrity, are investigated. In this context, the compliance of the provisions of the criminal procedural legislation of Ukraine with Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is considered. A comparative analysis of Ukrainian legislation and international standards was carried out, which allowed us to identify both positive aspects of regulation and certain shortcomings that need to be eliminated.