PROTECTION OF PERSONAL RIGHTS BY MEANS OF RESTRICTIVE INSTRUCTION: INTEGRATION OF CIVIL PROCEDURAL AND CRIMINAL PROCEDURAL APPROACHES

Resumen

The article examines the institution of restrictive injunction as an effective mechanism for protecting individual rights and freedoms in the context of modern legal development, with a special emphasis on the integration of civil and criminal procedural approaches. The authors substantiate the legal nature of the restrictive injunction, its essence, functions and human rights potential, which consists in the preventive response of the state to a threat to the life, health and freedom of the individual. It is shown that a restrictive injunction is not a punishment, but belongs to the measures of procedural prevention aimed at temporarily restricting the rights of a person who poses a risk to others, in order to prevent repeated or ongoing violence. The peculiarities of the relationship between a restraining order and measures to secure a claim in civil proceedings and preventive measures in criminal proceedings are considered. It is revealed that this institution has an intermediate nature, combining the features of both types of measures, but retains its own legal autonomy and independence of the application procedure. It is shown that its effectiveness depends on the prompt response of the court, a clear definition of deadlines, rules of evidence and ensuring control over the implementation of the order, which ensures a balance between the interests of the victim and the offender. Special attention is paid to the human rights-protective nature of the restraining order, its importance for the protection of vulnerable categories of the population, as well as the harmonization of national legislation with international standards. The practice of the European Court of Human Rights, the recommendations of the Council of Europe and the United Nations, as well as foreign experience are analyzed. The advantages and potential risks of the application of orders are identified, in particular their formal implementation, insufficient evidentiary base and lack of regulation of procedural issues in national law. Based on the analysis of domestic legislation and foreign practices, recommendations are formulated to improve the legal regulation of the restraining order in Ukraine, emphasizing the need to integrate civil and criminal procedural approaches to increase the effectiveness of preventive protection, as well as to resolve the problems of proof, deadlines, emergency application and control over the implementation of the orders. It is concluded that the restraining order is a key tool for guaranteeing human rights, creating a "legal shield" for the injured person and ensuring compliance with the principle of proportionality and justice.