The scientific work provides a comprehensive study of the issue of ensuring respect for human dignity in criminal proceedings, in particular: the features of human dignity as an object of protection in criminal procedural legal relations were analyzed; the place of respect for human dignity in the system of other principles of the criminal process was characterized; problematic aspects of ensuring respect for human dignity in the application of certain measures to ensure criminal proceedings were identified; issues related to ensuring respect for human dignity during the collection of evidence at the stage of pre-trial investigation were identified; controversial issues of implementation of the principle of respect for human dignity in court proceedings were analyzed; the issue of restoring respect for human dignity and compensation for damage caused by illegal actions of bodies carrying out operational and investigative activities, pre-trial investigation bodies, the prosecutor's office and the court was studied; the specifics of the proceedings against the deceased in order to protect his/her honor and dignity (rehabilitation); proposals for improving the legal regulation and practice of ensuring respect for human dignity in the field of criminal justice were scientifically substantiated.
In the first section of the work the attention is focused on the general theoretical aspects of the researched problems. It is stated that, despite the large number of quite diverse works, the scientific development of the issue of ensuring respect for human dignity in the criminal process can not be considered exhausted. It is argued that the implementation of the tasks of the criminal process is impossible without the application of certain legal restrictions. Therefore, in order to achieve the general public interest in the fight against crime, certain criminal procedural measures may restrict natural human rights, including the right to dignity. The case law of the European Court of Human Rights (hereinafter - the ECtHR) is analyzed, on the basis of which, the criteria for distinguishing between different forms of humiliation of human dignity are revealed: (a) torture and (b) treatment that is cruel but still does not reach the level of torture. It is also proved that although humiliation can be an independent form of violation of Art. 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - the Convention) and Art. 11 of the Criminal Procedure Code of Ukraine (hereinafter - the CPC), but the humiliation inseparably accompanies other forms of violation of Art. 3 of the Convention and Art. 11 of the CPC - such as torture and other cruel or inhuman treatment or punishment or the use of threats of such treatment.
Particular attention is paid to clarifying the place of the principle of respect for human dignity in the system of principles of criminal procedure. It has been shown that the study of the principle of respect for human dignity obliges to consider it in relation first of all to such principles as: (a) the rule of law; (b) ensuring the right to liberty and security of person; (c) the presumption of innocence and proof of guilt; (d) the openness of the proceedings and their full recording by technical means. Conducting research in this perspective provided an opportunity to formulate a number of scientifically established points.
The second section deals with issues related to procedural mechanisms to ensure respect for human dignity in criminal proceedings. At the same time, the key forms of violating the principle of respect for human dignity, mentioned in Part 2 of Art. 11 of the CPC are: torture, cruel, inhuman or degrading treatment, threats of such treatment, detention in degrading conditions, coercion to degrading treatment.
It is argued that at the legislative level it is impossible to clearly define the forms, limits, intensity of physical force in the use of detention or excuses, so the legislator requires law enforcement agencies to take into account the specific situation, nature of the offense and individual characteristics. In turn, the analysis of the case law of the European Court of Human Rights gave the author the opportunity to fill the abstract legislative formulations with a number of specific guidelines for determining the proportionality and justification of the use of force.
