Judicial Control as a Guarantee of Non-Interference in Private Life During the Pretrial Investigation

Abstract

The article is devoted to the topical issue of judicial control over non-interference in the private (personal and family) life of participants in criminal proceedings. The study was conducted in the context of the analysis of the practice of the ECHR, the legal positions of which should be consistently applied in criminal proceedings, evidence of this are the legal requirements on this issue. The notion and concept of judicial control is a necessity component that helps in guaranteeing the respect of human dignity and integrity. It is a common and established principle that, during the pre-trial process, it is the position of those ensuring justice in making sure that the life of persons is respected and safeguarded. It is noted that in accordance with the national legislation of Ukraine, judicial control is a separate function of the court's activities at the stage of pre-trial investigation, directly carried out by the investigating judge. The situation will become precarious and detrimental when the private life of persons is not respected to the fullest. 
 Therefore, it is the responsibility of those ensuring public order during the pre-trial investigation phase in ensuring the respect of the private life of the presumed suspect for the proper implementation of the justice process. In ensuring this right, it is established that the empirical and analytical methods of research are necessary in order to show the effective role played by the European Court of Human Rights in respecting the right to private life during the interrogative phase of inquiry. From the findings, it is seen that, though the Court has played a prominent and pertinent role in the respect of private, the suspect continues in experiencing difficulties when it's private life is at at stake, and it always affects the extent of the justice system.

International and Regional Protection of the Right to Inviolability Housing: Comparative Legal Study

“…The UAE coder also calls for the addition of a text similar to the Saudi text. Accordingly, the judicial officer may not prejudice the sanctity of the home except with causal judicial permission, or a legal or statutory requirement such as a distress call from inside the house, or in the event of disasters and emergency circumstances such as fire and demolition, or to chase an aggressor with the aim of arresting him (Galagan et al, 2021); According to what was stated in the text of Article 42 of the Law of Criminal Procedures: "A criminal investigation officer may not enter or search any inhabited place except in the cases stipulated by law and by a reasoned order from the Bureau of Investigation and Public Prosecution." If the owner or person living in the house won't let the criminal investigation officer in or fights him when he tries to get in, the officer may use any legal means necessary to get in, such as fire, a similar event, or the entry of a suspect while he is chasing him to arrest him.…”