Amosova, T.V., Lavdarenko, L.I., Ryabova, L.G. Nature of the category “right to liberty and personal inviolability” in the sphere of criminal judicial procedure

Abstract: The article is devoted to the category of the right to liberty and personal inviolability. Liberty and personal inviolability are presented as interrelated elements of human right, which stands for the freedom of a person from unlawful and ungrounded arrest and other acts causing loss (limitation) of its physical liberty. Based upon the analysis the authors make a conclusion that the term “deprivation of liberty” includes not only imprisonment and detention, but also other coercive measures for isolation of a person, limitation of his liberty and person inviolability, such as home arrest. The terms “apprehension”, “taking in custody”, “arrest”, “deprivation of liberty” are analyzed in accordance with the international legal acts. The authors also analyze related English terms. In addition the authors study semantic qualities of “apprehension”, and “taking into custody”. The article also includes position of the European Court on Human Rights on deprivation of liberty.

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