CONCEPTS AND FEATURES OF INTERNATIONAL LEGAL STANDARDS FOR ENSURING HUMAN RIGHTS AND FREEDOMS AT THE PRE-TRIAL INVESTIGATION STAGE

Abstract

It has been emphasized that the relevance of the issue concerning the
concept and features of international legal standards for ensuring human rights
and freedoms during the pre-trial investigation stage gains particular importance
in the context of modern trends in the development of legal systems, the
integration of international norms into national legislation, and the globalization
of human rights protection processes. It has been established that in
contemporary legal practice, the role of international legal standards is
continuously growing, as they serve as the basis for unifying and harmonizing
legal activities in the field of criminal justice. It has been clarified that, according
to the provisions of several international documents such as the Universal
Declaration of Human Rights, the Convention for the Protection of Human Rights
and Fundamental Freedoms, and the International Covenant on Civil and Political
Rights, special attention is paid to the adherence to the principles of legality,
proportionality, and due legal procedure in criminal proceedings. International
legal standards for ensuring human rights and freedoms are defined as a set of
principles, norms, and recommendations enshrined in international documents. It
has been emphasized that the concept of international legal standards for
ensuring human rights and freedoms implies their integration into national
legislation as the foundation for protecting the constitutional rights of
participants in criminal proceedings. It has been argued that the features of these
standards are criteria for evaluating procedural actions in terms of respect for
human rights, ensuring transparency, and inadmissibility of discrimination. It has
been established that the essential features of international legal standards for ensuring human rights and freedoms during the pre-trial investigation stage
include: social conditionality; dynamism; systematization; general obligatory
nature; universality; implementation of normative and regulatory functions;
influence on the legal system of the state; proportionality.