ON THE CONCEPT OF PROCEDURAL SECURITY AND ITS PLACE IN THE NATIONAL SECURITY SYSTEM

The object of research is the totality of legal relations ensuring legal security. The subject of the study is the norms of procedural legislation that enshrine the values of legal security in this area. The author analyzes various scientific views on the concept of procedural security, signs of procedural security are formulated, and its place in the national security system is determined. In the context of procedural legislation, legal categories are examined that form the basis of legal security. The ambiguity of the practical interpretation of the procedural legislation, which enshrines the procedural safety measures, determines the usefulness of a comprehensive theoretical study of the mechanism of interaction and systemic ties of procedural safety with procedural responsibility. In the framework of the study, the signs of procedural security in the mechanism for ensuring national security were determined taking into account the current state of legislation and public relations, the elements of the systems of procedural responsibility and procedural security in the mechanism for ensuring national security were identified, and several areas of procedural security were identified. The most successful formulation of the concept of procedural security is its definition through the absence of unacceptable risk associated with the possibility of harm and (or) damage. By procedural safety, the author suggests understanding the state of security of persons involved in the case, within the framework of which certain legal means ensure, firstly, the absence of an unacceptable risk to the interests of private participants in legal proceedings, secondly, the safety of the procedural activity itself, and thirdly, the protection of vital interests of participants in criminal proceedings, who are entrusted with the implementation of state‑imperious functions, the implementation of which may be associated with tendencies on their safety.

national security, legal security, procedural security, procedural responsibility, national security strategy, criminal procedural relations, legal proceedings, criminal process, security measures, liability measures.

Chuklova E. V. On the concept of procedural security and its place in the national security system. Business. Education. Law, 2019, no. 4, pp. 349–354. DOI: 10.25683/VOLBI.2019.49.479.