EXPERIENCE OF LEGAL REGULATION OF REMOVAL FROM CRIMINAL JUDICIARY OF FOREIGN STATES

Abstract

The article is devoted to the study of the experience of legal regulation of measures to ensure criminal proceedings in the form of removal from office in criminal proceedings of foreign countries. It is noted that international legal acts provide for the possibility of restricting the rights and freedoms of the individual, but the means of such restriction are determined by the legislation of each state. It was stated that the removal of a person from office is no less important in the system of measures to ensure criminal proceedings because the application of this measure entails a certain restriction of constitutional rights and freedoms of man and citizen. The peculiarities of the application of removal from office in foreign countries are described, taking into account the provisions of current regulations in the system of criminal procedural law. Based on the analysis of the experience of the Federal Republic of Germany, the Republic of France, the Republic of Poland, the Republic of Latvia, Great Britain and the United States of America, it was stated that there are both common and different features in the criminal procedure of dismissal. It is determined that the system of measures to ensure criminal proceedings in different countries is called “coercive measures”, “precautionary measures”, “preventive measures” and so on. However, as far as procedural content is concerned, in both national and foreign law, such measures are non-custodial measures. It is stated that in the countries of the Romano-Germanic legal system a common feature is the normative-legal way of regulating the procedural procedure for the application of removal from office, and the range of authorized entities authorized to apply it. It is determined that the differences in the mechanism of removal from office due to the process of unification of human rights and freedoms on the basis of international judicial standards, as well as differentiation depending on the standards of criminal procedure of each country.