THE RELATIONSHIP OF THE CATEGORY “PERSONAL LIBERTY” AND OBSERVANCE OF THE CONFIDENTIALITY OF THE PRE-TRIAL INVESTIGATION DURING THE DETENTION OF A PERSON IN CRIMINAL PROCEEDINGS

Abstract

This scientific article is devoted to topical issues of the implementation of the limits of the rights and freedoms of a person in the criminal proceedings of Ukraine, in particular during the application of such a measure of ensuring criminal proceedings as detention in accordance with Article 208 of the Criminal Procedure Code of Ukraine. First, the issue of freedom in the context of social life, criminal procedural activity, etc. is emphasized. It is noted that freedom and its individual manifestations are limited by legal norms in the form of legal prohibitions, because the desires and interests of a person do not always coincide with the interests of society, which forces one to act under the influence of existing laws in such a way as not to violate the interests of society. The author’s opinion is confirmed by the principle of legal regulation: “everything that is not prohibited by law is allowed.” It has been proven that freedom as a phenomenon is very closely related to law, which is called by its power to regulate the most significant spheres of social life. In addition, it is determined that the law civilizes, normalizes phenomena and processes, determines the rights and obligations of subjects involved in their implementation, etc. It has been found out that Article 208 of the Criminal Procedure Code of Ukraine defines mandatory information to be specified in the arrest report handed to the suspect, in particular: grounds for detention, results of a personal search, i.e., the suspect from this moment becomes aware of the available evidence, on on the basis of which he was detained. In addition, a defense attorney from the center of free secondary legal assistance must be called, who also familiarizes himself with the same materials. It was established that the received information about witnesses and eyewitnesses, the evidence on the basis of which the detention was carried out, and which in its essence is the secret of the pre-trial investigation, from this moment acquires the property of “available” and can be used to influence the course of the pretrial investigation. Finally, a group of risks of disseminating information constituting the secret of a pre-trial investigation during the detention of a person in accordance with Article 208 of the Criminal Procedure Code of Ukraine is formulated.