Theoretical aspects of the relationship between evaluative concepts and the mechanism for ensuring the rights of participants in criminal proceedings

The article examines the theoretical aspects of the relationship between evaluative concepts and the mechanism for ensuring the rights of participants in criminal proceedings. The authors focus on the need to establish effective interaction between these two complex legal constructs, taking into account their interdependence, systematicity and cross-cutting nature in the criminal process. It is determined that evaluative concepts, as substantively broad and formally undefined categories, play a key role in the individualization of law enforcement. They ensure the adaptability and flexibility of the criminal process, allowing to take into account the peculiarities of specific cases within the framework of legal regulation. The authors substantiate that it is through evaluative concepts that the possibility of a discretionary approach in the activities of an investigator, prosecutor or court is realized, which is necessary in situations of normative incompleteness, novelty or ambiguity of legal circumstances. Evaluative concepts, in the author’s opinion, do not threaten legal certainty, but on the contrary, they contribute to the implementation of the principles of proportionality, reasonableness and justice, which is of particular relevance in the context of ensuring human rights in criminal proceedings. The article provides examples of the application of evaluative concepts (in particular, “sufficient information”, “material violation of the right to defense”, “reasonable term of proceedings”), which demonstrate their role in shaping the variability of legal consequences. It is also highlighted how procedural guarantees, which are an element of the mechanism for ensuring rights, play the role of a deterrent factor in terms of discretion, preventing abuse. At the same time, the mechanism itself requires flexible response tools, which are evaluative concepts. Thus, the interaction between these elements creates a balanced law enforcement system in which the optimal ratio between normative certainty and adaptability is achieved. The article makes a significant contribution to the theoretical understanding of complex relationships in law enforcement, emphasizing the importance of a deep understanding of the content of legal categories and the functioning of legal mechanisms within the framework of criminal procedural law.