Current Problems of State Control Over Performance Observance of the Rights and Freedoms of Person in Criminal Proceedings

Abstract

In this article current problems of state control performance in the sphere of criminal justice, a vivid manifestation of which stipulates judicial supervision to ensure the rights and freedoms of the individual are analyzed together with the socio-legal nature of judicial control. In particular, it is noted that control is the main way of legality and discipline maintenance in government. It is one of the most important elements of public administration, an important function of the state. Without organization and control state apparatus and other government agencies cannot work. Any decision, any action in the field of public administration must be under control of its performance, otherwise it will not make sense. Control is one of the major factors that disciplines the behavior of civil servants and citizens, both in public administration and in society – in general, it makes social activities of the state and its relations more transparent as the status of a separate state and other entities. The particular relevance of state control is at the relations level, performance of which leads to possible violations of the rights and freedoms of the individual. Such relations characterize the sphere of criminal proceedings. Indeed, during the criminal proceeding the individual may be the most significant obstaclew in exercising ones rights and freedoms, such barriers may be the result of violations of the law. To prevent such offence it is assigned to judicial control, as a separate special type of state control. According to the research the nature of the court activities regarding limitation of rights and freedoms of persons is seen that this is a new, separate and special activity that does not have those basic characteristics with which it could clearly be defined as the function of judicial control and justice. The activities of the court are aimed to ensure the rights and freedoms of the individual is an integral part of the overall work of the state to ensure the rights and freedoms in Ukraine. The court takes a leading position among the state bodies in this process. The extension of court powers to limit human rights is due to the increase of its role in our society. The growth of the judiciary powers develops according to historical traditions and world experience in this process.