Some aspects of limitation on power and authority of the state, state agencies and officials in criminal proceedings

The paper discusses the need to limit the powers of the state, state agencies and officials in criminal proceedings. Basing on the model of interrelated and integrated relations of the state with the system of legislation and natural law with the human and legal values, and considering the state not only as a guarantor of natural rights and freedoms of the individual, but also as an institution that has the power of coercion, the author comes to a conclusion that the purpose of the criminal procedure is to protect individuals, society and the state from the effects of a crime committed through the use of criminal law, as well as to protect individuals and society from illegal and arbitrary actions (or inaction) on the part of state agencies aimed at the use of coercion and restriction of rights and freedoms of person and citizen. As a consequence, the duty of authorized officials to protect individuals, society and the state from the effects of a crime committed through the use of the criminal law does not preclude different responses of the state to the committed socially dangerous acts. Criminal procedure must define the sphere for the state to implement its powers in full when solving tasks; the sphere where the power of the state should be limited; the sphere where the state can not interfere in. The origin of the need to limit the powers of the state is to be found in the general legal position of the individual in a state, universal human values, which is fundamental for a legal state. Implementation of state powers to protect individuals, society and the state from the effects of a committed crime should depend on the degree of social danger of the offense; on the guilty plea of an indictee; on the remedial measures taken; on the consent of a victim of crime to settle the conflict without bringing the person to justice. Law defines cases when the state must give the person an opportunity to resolve the conflict that arose as a result of a crime themselves. Human rights determine the rules which govern the relations between the individual and public officials in the criminal procedure. In such circumstances, the ability of public officials to apply coercion and restriction of human rights must be strictly regulated by law, and the abuse of the right should be subject to ban. Addressing the issues of mutual responsibility of the state, state agencies, and individuals, of measures of legal responsibility for both the state and the person for failure to perform and improper performance of duties, the author concludes that the state shall be liable to the person for ineffective legal regulation of criminal procedure relations that lead to violations of the rights and legitimate interests of the person by authorized state agencies and officials, as well as for unlawful (illegal) actions (or inaction) of state agencies and officials, which led to the violation of individual rights in criminal procedures.

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