The basic international standards of criminal proceedings in investigating trier’s activities, which are realized by him by means of protection of right such as: to freedom and bodily security; to the court hearing held by an investigating trier; to compensation because of duress of imprisonment; to respect for private and family life; to a fair trial; to protection; to compensation of damage as a result of unlawful actions of authorized subjects, etc. were determined.
It was established that the foundations of the legal status of an investigating trier who protects rights, freedoms and interests of a person are his authority that determine the place of an investigating trier in the state mechanism for the purpose of realization of the corresponding through function. The function of protecting of rights, freedoms and interests of a person has a generating character as to the legal status of an investigating trier, which, in turn, reflects its content.
It is indicated that the function of protecting of rights, freedoms and interests of a person in the activity of an investigating trier has a through character for all areas of his activities and represents a complex of statutory powers of an investigating trier directed to protecting of rights, freedoms and interests of individuals and legal entities, aimed at achieving tasks of criminal proceedings. The indicated function is displayed in licensing powers during investigation (search) actions; in power to verify the grounds for entering of the dwelling or other person’s property without a resolution of an investigating trier; in power to provide assistance to the parties of criminal proceedings to accumulate evidence.
It is ascertained that the function of an investigating trier of the protection of rights, freedoms and interests of a person during the application of particular measures for supporting criminal proceedings (temporary limitation on the use of special right, removal from office, temporary access to things and documents, temporary attachment of property, seizure) is realized by means of performance of powers on: ensuring the legitimacy and validity of limiting of rights and freedoms of parties of criminal proceedings and other persons and assistance to the parties in criminal proceedings in realization of their rights. The corresponding powers are realized when an investigating trier ascertains the circumstances stated in the application, considering the rule of proportionality of the intervention. The result of such activity is the resolution on satisfaction or refusal to satisfy petition on the application of the corresponding measure to ensure the criminal proceedings.
It was clarified that the function of protecting of rights, freedoms and interests of a person while the detention of a person and the application of a preventive measure is realized through a set of powers of an investigating trier aimed at ensuring the legitimacy and justification of limiting rights and freedoms of parties of criminal proceedings and other persons. The investigator trier realizes the mentioned function, first of all, when considering the application, checking its legality and reasonableness, and, if there are any reasons, at the stage of making a decision to abrogation or alteration of the preventive measure. It could be realized by the initiative of the parties in criminal proceedings (by making an appeal, a complaint), and by the initiative of an investigating trier. The directions by which the function of the investigating trier concerning the protection of the rights, freedoms and interests of the detained person is implemented, are identified: directly during the apprehension by an authorized official; during the realization of his powers by an investigator trier; in the course of consideration and disposal of complaints of the actions of authorized officials concerning the detention of a person suspected of committing a crime.
It is stated that the ensuring the implementation of function investigating trier in protecting of rights, freedoms and interests of a person when considering complaints of decisions, actions or omissions of agencies of prejudicial inquiry or a prosecutor is realized in his corresponding powers, the main purpose of which is the restoration of violated rights and freedoms of the complainants – the parties of the criminal proceedings, or preventing such violations. When considering and resolving complaints, an investigating trier exercises his control powers to resolve the complaints of parties of criminal proceedings (Articles 303 – 307 of the Criminal Procedural Code of Ukraine). Such procedural activity of an investigating trier is directed to the protecting of rights, freedoms and interests of a party of pre-trial criminal proceedings from violations, and preventing such violations, which is exercised during: the taking of a complaint by an investigating trier; consideration on the merits; making a corresponding decision accordin
