On the regulation of the institute a person in the criminal proceeding

The current legal position of the Constitutional Court of the Russian Federation, theoretical approaches of the science of the criminal proceeding testify to the existence of the problem of separation of the procedural status and the actual situation of the person at the stages of the criminal proceeding. The author's opinion is that the person's involvement in the criminal proceeding forms an independent legal institution in the theory of the criminal proceeding: the institute of a person in the criminal proceeding, based on the legal position on the actual state of a person which is broader than the circle of participants in the criminal proceeding denoted by the Russian Federation Code of Criminal Procedure. The institute of a person in the criminal proceeding is an independent legal institution which has the following sense-making characteristic features: - a specialized system of legal regulation based on the norms of international law, the Constitution of the Russian Federation and criminal procedural legislation; - a person in the criminal proceeding is an entity involved in criminal procedural activity (voluntarily or forced) as a participant or potential participant of the proceeding; - person's involvement in the criminal proceeding forms separate public relations, which is the material basis of the institute of a person in the criminal proceeding; - a person in the criminal proceeding has a special criminal procedural capacity and delictual dispositive capacity; - personal liberty is a fundamental principle of the criminal procedural activity. The institute of a person in the criminal proceeding is a dynamic system consisting of interacting structural elements, namely: - fundamental criminal procedural relations whose participant is a person in the criminal proceeding; - legal rules at different levels that establish the legal status of persons and regulate their participation in the criminal proceeding; - a legal framework, i.e. a complex of rights and duties a criminal procedural person possesses and follows in the exercise of his/her legitimate interests in the criminal procedure relations; - a criminal procedural legal capacity of a person to participate in the proceeding; - person's legal responsibility for committing procedural violations. The mechanism for providing and restricting the rights and freedoms of a person is separate and parallel to the institute of a person in the criminal proceeding and is the guarantor of the full existence of the specified legal institution.

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