Criminal Procedural Compulsory Measures: the Topical Issues and Legal Regulation Enhancement Prospects. Summary of the Doctoral Thesis

Abstract

The goal of the thesis is to analyze the legal regulation of criminal procedural compulsory measures and to identify attendant problems, as well as to develop suggestions for further enhancement of the national legal norms. The thesis is stratified into 3 chapters; in the first one the author overviews criminal procedural compulsory measures, providing general description and accentuating a role of the aforementioned measures in the state legal enforcement mechanism, as well as evaluating criminal procedural conflict through the prism of social relations and standards. Thereafter, the author deciphers development of the institution of criminal procedural compulsory measures, specifies essence, grounds and legal nature of these, the impact of criminal procedural reform. The second chapter accentuates a Latvian system of criminal procedural compulsory measures, namely, criminal procedural compulsory measures related and unrelated to the deprivation of liberty, and ends with analysis of measures implemented in international cooperation in the sphere of criminal law. Analysis of the guarantees of the observation of the rights and freedoms of a person in the implementation of criminal procedural compulsory measures appears in the third chapter. The rights to control the observation of human rights in criminal proceedings and competences of investigating judge are accentuated as well. Governance of prohibition and prevention of tourture along with protection of human rights of deprivated persons was studied in the light of recommendations provided by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment during visits to Latvia. Based on achievements of objectives of the doctoral thesis, summarization of study results and appeared conclusions, proposals regarding practical matters related to implementation of criminal procedural compulsory measures are done. The doctoral thesis is structured as follows: the body of the text constituets 260 pages, and is supplemented by one table and 3 figures. Scientific literature citations include 568 sources.