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brought to another form of punitive responsibility is not required to
prove his/her innocence. He/she has the right to object to the offense,
its legal assessment, to present his/her evidence, to participate in the
investigation of the circumstances of the case (including interrogating
witnesses of the charge). Public authorities and officials are forbidden
in any way to force the accused person to testify. No one is obliged to
testify against himself/hrself and close relatives. Evidences obtained
in violation of the law are considered to be unenforceable. Doubts of
person’s guilt are interpreted in favor of the accused.
The complex of person’s rights brought to responsibility,
enabling him/her to participate in the investigation of the
circumstances of the case and defend own interests, is called the right
to protection.
The right to protection is enshrined in the law in the form of
procedural rights brought to responsibility, which enable him/her to
know what the prosecution consists of, to deny it, to participate in the
investigation of the circumstances of the case, to use the assistance of
a lawyer, to challenge the usage of preventive measures, other acts
preceding adoption of a decision, appeal the decision, the procedure
for its execution.
The exercise of remedial liability is also based on the principle
of adversary, but the burden of proof is different: it is sufficient for the
the victim to prove the causation of property or other damage, non-
fulfilment of the obligation, creation of the wrongful state. The
accused may object to the fact of the offense, prove the lawfulness of
own actions, caused the damage, substantiate own opinion in the
amount of damage or about the procedure of its compensation.
The principles of liability include its inevitability. The
establishment of prohibitions and sanctions for their violation will
make sense if the perpetrators of the offense are prosecuted and
subjected to coercive measures determined by the sanctions of the
violated legal norms. The inevitability of responsibility depends, to a
large extent, on the regularity of the work of law enforcement
agencies, on the readiness, competence and integrity of employees
authorized to bring to justice and apply sanctions. Offenses, which the
law enforcement agencies have not responded to, cause a serious loss
to law order: the impunity of offenders not only encourages them to
commit new serious offenses, but also gives a bad example to other
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