INALIENABLE PERSONAL PROCEDURAL RIGHTS OF A SUSPECT IN THE CRIMINAL PROCEEDING: SCOPE AND PURPOSE

Abstract

The author has emphasized on misregulating nature of the issue about the scope of inalienable personal procedural rights of a suspect in the current procedural legislation, which can only be realized by him personally. It has been stressed that such a gap in the law adversely affects the legal regulation of the procedural status of not only a suspect, but also other participants in the criminal proceedings, whom the legislator delegates his rights, in particular a lawyer, the legal representative of a suspect, persons for whom the use of compulsory measures of medical or educational nature is foreseen or to solve the issue of their application and their legal representatives.

The purpose is to single out a group of its inalienable personal rights in the set of procedural rights of a suspect, which are realized solely by him and can not be delegated to other participants of the criminal proceedings.

The following rights of a suspect are assigned to this group of procedural rights: to be clearly and promptly informed about his rights provided by the Criminal Procedural Code of Ukraine, as well as to receive their explanations; to refuse the attorney at any time during the criminal proceedings; do not talk anything about suspicions against him or at any time to refuse to answer the question; to give explanations, testimonies on suspicion or at any time refuse to provide them; to demand compensation for damage caused by illegal decisions, acts or omission of the agency conducting operative and search activity, pre-trial investigation, prosecutor’s office or court in the manner prescribed by the law, as well as restoring reputation, if the suspicion was not confirmed; to conclude an agreement on the recognition of guilt or reconciliation with the victim; to provide testimony by oneself. The purposeful use of these procedural rights has been substantiated.