Categories of Rights and Lawful Interests of Individuals and Their Use in the Sphere of Criminal Justice

Categories of rights and legitimate interests of a person are among the most essential in modern legal science, legislation and law enforcement practice. These categories are of particular importance in the field of criminal proceedings. The outcome of the preliminary investigation and trial in criminal cases largely depends on the correct understanding and subsequent application of these categories. The state should not only recognize, but also guarantee the possibility to exercise the rights and legitimate interests of an individual, enshrined at various levels, up to the international law. The study of the use of the legal concept of «personality» in various areas of law, including criminal procedure, indicates its application in the widest sense as a synonym for the concept of «a human». The law refers to a human as a person, regardless of the capacity in which he acts in specific legal relations. Categories «human», «individual», «personality», «person», «citizen» in the field of criminal proceedings can be considered synonymous. Some special characteristics arise not from differences in the general social status, but solely from the specific procedural status granted to a person in connection with criminal proceedings. In the research publications, the words «rights» and «freedoms» of the individual are considered identical, i.e. synonyms, and are described through the category of «opportunities». But for the recognition of such opportunities, it is not always required for them to be enshrined in the criminal procedure law. The category of «legitimate interest» has a specific meaning and differs from the categories of «rights and freedoms» of an individual. Legitimate interests are not indicated in the law itself because their scope of application is wider than the scope of law implementation. But such interests should not contradict the law, i.e. the provisions of the current legislation. A fundamental change in states perception of the individual has led to a significant change of the doctrine and content of criminal proceedings aimed primarily at protecting the rights and legitimate interests of the individual.