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Title |
Protection of the Rights and Freedoms
of Participants of Criminal Proceedings |
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Authors |
Pustovaya Irina Nikolaevna
Associate Professor of
the Department of
Criminal and Legal Disciplines of South-Ural State
University, Cand. Sc. Law,
Аssociate professor.Office 109, 98, Artilleryskaya
Str., 454081, Chelyabinsk.
E-mail: elfrybka@mail.ru |
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Section |
Civil and Criminal Procedure |
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Issue |
1/2014 |
Page |
117-121 |
index UDC |
343.12 |
index LBC |
Х410.201 |
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Abstract |
Criminal Procedure in the Russian Federation is
established by the Criminal Procedure Code of the
Russian Federation. Participants from prosecution
and defense face many problematic issues that affect
their rights and freedoms in the course of criminal
proceedings. The Presidium of the Supreme Court is
the final authority that solves the questions and
issues of the protection of the rights and freedoms
of members of criminal proceedings. The judgment of
the European Court of Human Rights on violation of
the Convention on Protection of Human Rights and
Fundamental Freedoms is a new matter which is
ap-plied in the course of criminal proceedings.
Member of criminal proceedings may appeal to the
European Court of Human Rights to protect their
rights and freedoms. However, it is not mentioned in
the Criminal Procedural Code of the Russian
Federation. The Judgment of the European Court of
Human Rights on the violation of provisions of the
Convention for the Protection of Human Rights and
Fundamental Freedoms which took place in the process
of the criminal proceedings is a reasonable basis
for the reopening of the criminal case. However,
this basis should provide occasion in the criminal
law. There-fore, Chapter 16 of the Criminal
Procedural Code of the Russian Federation should be
complemented with a new article. |
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Keywords |
Criminal proceedings; protection of rights and
freedoms; ap-peal of decisions of the court,
prosecutor, and investigator; the Criminal
Pro-cedural Code of the Russian Federation, the
European Court. |
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