Constitutional and legal bases of protection of personal freedoms and rights in criminal and criminal procedure law

In the article the pressing issues of constitutional and legal bases of protection of personal rights and freedoms in criminal andcriminal procedure law are considered. On the basis of the analysis of the material and the legal procedure the author comes to aconclusion about sufficiency of the standard base regulating the considered relations. In case with the norms of the criminal and criminalprocedure legislation, the text of the Constitution of the Russian Federation has a sufficient number of articles describing the basicmoments connected with the issues of protection of personal rights and freedoms by norms of this particular branch of law. Thus,Chapter 2 of the Constitution fixes the positions with direct connection to the case discussed in Articles 20-25, 45-54, and Chapter 7 - inArticles 118-123. We find positions stated in Chapter 2 of the Constitution particularly important as they create the bases of the legalstatus of the person in the Russian Federation and cannot be amended other than as described in the Constitution (Article 64 of theConstitution of the Russian Federation), i.e., in a special order which is established in the Constitution concerning its Chapters 1, 2, 9.The current Criminal Code of the Russian Federation (RFCC) gives an important place to crimes against the person, its rights andfreedom. By our calculations, such crimes are presented in the form of 53 structures of crimes and, accordingly, RFCC articles compiledin the corresponding chapters of this Code. These are Chapters 16, 17, 18, 19 and 20, compiled in Section 7 of RFCC, which is called"Crimes Against the Person". On the whole, it is possible to note that the 1993 Constitution of the Russian Federation contains aconsiderable number of positions which can ;logically be called procedural, which, to a certain extent, expands and strengthens theconstitutional and legal bases of domestic criminal procedures. In the conclusion it is possible to ascertain that the current Constitutionof the Russian Federation comprises a sufficient number of positions, which substantiate the reaction of the state to the committed penalacts (norms of substantive law), and to their appropriate procedural solution (norm of procedural law), so that the correspondingpersonal rights and freedoms are protected, and fair punishment to the criminal is given.

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