Kravchenko S. Criminal and legal protection of procedural rights and interests of the suspect, the accused

The thesis work is devoted to research of the criminal and legal protection of the procedural rights and interests of the suspect, the accused. The work provides definitions of the procedural rights of the suspect, the accused in criminal proceedings and the variants of their classification as well as it is researched the normative content of such rights. The main approaches to the classification (systematization) of crimes against justice in the science of criminal law are researched. The special role of classification «by object» is determined. It is substantiated the expediency to distinguish among crimes against the justice a group of crimes which infringes upon the procedural rights and interests of the suspect, the accused. It is made a general description of the crimes of this group, in particular, it is researched the content of general objective and subjective elements of the corresponding group of encroachments. There are researched specific elements of the components of crimes prescribed by the articles 371 – 375 of the Criminal Code of Ukraine (the CC). As a result, new editions of the articles 371 – 375 of the CC are proposed. It is suggested to prescribe the disposition of the first and the second paragraphs of the article 371 of the CC in a description form, having defined, at that, the content of the act as a «violation of the procedure established by the procedural law» the implementation of a particular measure. In addition, it is substantiated the expediency of a radical change in the structure of the crime provided in the first paragraph of the article 372 of the CC. It is proposed to establish in the first paragraph of the article 372 of the CC criminal responsibility for «fixation of obviously incorrect legal qualification of a person's behavior as a criminal offense in a written notification of suspicion or indictment, as well as other illegal criminal prosecution». It is proposed to change the title of the article 372 of the CC as follows «Illegal criminal prosecution». There are researched specific objective and subjective elements of the crime – compulsion of evidence. It is suggested the author's definition of the notion – compulsion of evidence.