An alternative legal mechanism for ensuring the rights of the suspect

The status of the suspect seems attractive, because, under the current criminal procedure legislation, it gives its holder ample opportunities to defend against criminal prosecution. This refers primarily to the sphere of criminal justice. However, this legal status is perceived negatively in other spheres of civil life and becomes an obstacle in exercising the rights to choose profession, in the sphere of state and law enforcement service, teaching, for getting state awards, or choosing the place of residence and enjoying the freedom of movement. Moreover, many of such restrictions remain in force either for an unlimited or a considerable period of time after the termination of criminal prosecution. That is why, though understanding the civil pathos of those who support expanding the grounds for qualifying the person as a suspect and making this procedure as easy as possible, the author draws attention to the fact that this is not a reward or an honorary title, but a legal stigma with specific adverse consequences for the citizen and their family. Trying to protect the rights of those who are prosecuted, the author would offer another legal mechanism that would allow these rights without applying the category of the suspect in criminal proceedings. The solution is seen in changing the problem statement: it is necessary to expand the real opportunity for citizens to exercise their rights to protect their legitimate interests in connection with the incriminating actions rather than the grounds for qualifying citizens as suspect. The procedure of each of such actions must contain a sufficient mechanism to protect the interests of people without officially recognising them as suspects in the case. This legal mechanism is much more effective for ensuring the rights of people suspected of committing a crime. The author believes that this paper will contribute to understanding and strengthening of the position in favour of an alternative legal mechanism for ensuring the rights of the suspect.

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