Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 2786-7072 (Online); ISSN: 2786-7080 (Print)
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V. Galagan; Z. Udovenko


The article draws attention to the need to comply with the procedure for investigative actions, specified in the Criminal Procedural Code of Ukraine, especially those that may be related to the restriction of the rights and freedoms of participants in criminal proceedings. Such participants include not only the suspect, the accused, but also the victim, the witness, other persons taking part in the proceedings or performing their inherent procedural functions. The rights and legitimate interests of these and other persons may be limited during the search of housing or other possession of the person, examination, obtaining samples for examination and other procedural actions, the production of which may be related to the use of procedural coercive measures. During the production of these actions, it is important to take into account the correlation of rights and legitimate interests of participants in criminal proceedings with the definition of priority values to be protected by authorized state bodies. Ensuring the realization of the rights and freedoms of citizens is carried out through the use of various knowledge, including forensic knowledge. Now it is urgent to conduct an in-depth study of the problems associated with forensic support for the observance of citizensʼ rights and freedoms, guarantees and conditions for their implementation in criminal proceedings in Ukraine. In the pre-trial investigation, the science of criminology is designed, with the help of its inherent methods and means, to ensure the proper use of forensic knowledge to ensure the rights and freedoms of citizens. Therefore, it is important to not only procedural regulation of the implementation of criminal proceedings and individual procedural actions, but also the development of forensic recommendations with a view to minimizing the restrictions and violation of the constitutional rights of citizens.