S.P. Scherba Problems of Normative Defi nition of the Essence and Contents of Rights and Freedoms of Human and Citizen in the Criminal Procedure of Russia

Abstract: unfortunaly, criminal procedural legislation of Russia, admitting application of different measures of compulsion and limiting right and freedoms of human, are still don’t include a fundamental norm, which should provide: 1) foundation, causes and limits of freedom and rights of human and citizen limitation in the criminal procedure; 2) the list of cases, preventing limitation of rights and freedoms of human and citizen in the criminal procedure; 3) proscription of wide understanding of foundations (criteria) for the application of limitation of rights and freedoms of human and citizen; 4) responsibility of offi cials and judges for inadequate decision to limit rights and freedoms of human and citizen in the criminal procedure; 5) proscription for limiting rights and freedoms of the suspects or accused in order to investigate a crime and gather evidence on the criminal case.

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