Regulatory and legal regulation of ensuring the safety of participants in criminal judicial proceedings

Abstract

The article is devoted to the study of the importance of the system of sources of criminal procedural law, which carry out the regulatory and legal regulation of criminal procedural relations regarding the security of participants in criminal proceedings. It is noted that the application of security measures during criminal proceedings occurs under the condition of mandatory legal mediation by the norms of the field of criminal procedural law. Due to this, the completeness of the regulation of these relations and the clear definition of the legal behavior of their participants are ensured, which should ensure the protection of the life, housing, health and property of the participant in criminal proceedings from unlawful encroachments. It is noted that the basis of the legal regulation of the application of security measures is criminal procedural legislation, which is represented exclusively by acts of the legislation of Ukraine. But along with this, an important role in the regulation of organizational relations when applying security measures is played by subordinate legislation, including acts of a recommendatory nature. It is noted that the current state of regulatory and legal regulation of ensuring the security of participants in criminal proceedings is not without shortcomings. First of all, this concerns the need for mutual coordination of the norms of the Constitution of Ukraine, the Criminal Procedure Code of Ukraine and a special law. To this end, it is proposed in the Criminal Procedure Code of Ukraine at the level of its tasks, as an element of the principle of the priority of the person, his rights and freedoms and as part of the system of measures to ensure criminal proceedings, to normatively define and more clearly regulate the issue of ensuring the safety of participants in criminal proceedings.