The legal status of the accused and defendants in the conditions of the democratic state formation and development. (From the legal experience of the Kyrgyz Republic)

Abstract

In the article the terms "legal condition" and "legal status" of the person are differentiated and the special attention is given to the "specifi c rights" of the citizens who are held in custody (arrested), but have not been condemned by a court. The regulations of the law of the Kyrgyz Republic "About an order and conditions of holding in custody of the persons detained on suspicion and accused in perpetration of crimes" are in detail considered. There is emphasized, that the achievement of the modern legislation is a granting to such persons the right to participate in civil-law relations. Their rights and a duty should be in accordance to a principle of a presumption of innocence and be defi ned by the legal status of the citizen.