Criteria for creation and evaluation a decision to remove a person from office in criminal proceedings

The article examines the legal institution of removal from office as one of the measures to ensure criminal proceedings. Its connection with similar institutions in other branches of law is established. It is emphasized that removal from office is a restriction of one of the most important constitutional human rights - the right to work and wages. Such a restriction may be subject to appeal in national courts and the European Court of Human Rights (ECHR). In view of this, attention is drawn to the fact that a procedural decision on removal from office must meet the requirements of legality and necessity. In this regard, the purpose of the study is to determine, based on the analysis of regulatory legal acts, scientific research and the practice of applying removal from office, the criteria for its legality and necessity. To achieve the goal, procedural conditions and requirements have been defined, compliance with which ensures the legitimacy of making a decision on removal from office: characteristics of a person who may be removed from office; status of an official as a suspect or accused of committing a crime; purpose of removal from office; status of subjects of making a procedural decision; participants in this evidentiary procedure; terms of removal from office; procedure for executing the decision. It is noted that the above provisions are formal and legal criteria for making and evaluating a decision on removing a person from office in criminal proceedings. In addition, consequential criteria for such a decision have been defined, which include: possible negative consequences of a public nature (cessation of the functioning of a legal entity, loss of employment by personnel, loss of taxpayer status by the state); negative consequences of a private nature (loss of employment and deterioration of the financial situation of the suspect, accused, and members of his family). The obligation of the entity empowered to remove a person from office in criminal proceedings to take into account formal, procedural and consequential factors (criteria) is emphasized. Their non-compliance is subject to appeal, including in the ECHR.