Philosophical and Legal Problems of Realization of a Person the Right to Defense in Criminal Process
Abstract
The article it explains the understanding of the scientific design of the right to protection in criminal law and in the process. It is noted that the scientific searches of scientists are aimed at determining the content and form of the concept of the right of defense in criminal law and in the process, which is essentially an opportunity for the implementation of human rights for protection, that is, the use of all available means and means for the purpose of protection against unlawful and groundless prosecution, conviction and unreasonable procedural coercion, restriction of its rights and freedoms. The philosophical and legal problems that arise in the realization of a personʼs right to protection in the criminal process are identified and analyzed.
Among the problems in the criminal process are the following: 1) the lack of unity of theory and practice in some issues that are directly related to the protection of rights; 2) leveling the norms of law by the law enforcement and judicial authorities;
3) the lack of awareness of the fact that every person has the right to protection; 4) slow improvement of criminal legislation taking into account the requirements
of society.
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