The concept, essence and importance of ensuring the safety of participants in criminal proceedings

Abstract

The article is devoted to the study of the concept of ensuring the safety of participants in criminal proceedings, its essence and significance in the system of criminal procedural activity. The concept of “ensuring the safety of participants in criminal proceedings” is considered as a component of criminal proceedings of a precautionary nature. Attention is drawn to the complex nature of ensuring the safety of participants in criminal proceedings, which contains elements of a legal, procedural, organizational and technical nature. It is proposed to highlight the structure of the specified element of criminal proceedings, namely: subject composition, means of implementation, object of provision, activity (procedural), legal components and purpose of application. Attention is drawn to the fact that the essence and content of ensuring the safety of participants in criminal proceedings is determined by the recognition at the level of the Constitution of Ukraine of a person and his safety as the highest social value and the imposition in this regard on the state, state authorities, their officials of the duty to establish and ensure human rights and freedoms, in terms of ensuring his safety, in particular in the field of criminal proceedings. This property should be reflected in the content of this phenomenon. Regarding the importance of criminal procedural activities to ensure the safety of participants in criminal proceedings, the application of appropriate security measures ensures the protection of life, housing, health and property of a participant in criminal proceedings from unlawful encroachments. This characterizes the specified institute of criminal procedural law as a type of criminal procedural guarantees of the rights of the individual. And the legislatively enshrined purpose of its application - the creation of the necessary conditions for the proper administration of justice, expands its essence and as a guarantee of the fulfillment of the tasks of criminal proceedings.