დაკავება, როგორც სისხლის სამართლის საპროცესო კანონით გათვალისწინებული იძულების ღონისძიება

The purpose of the master thesis is study of international and local law regulation about the imprisonment.
Human freedom is one of the fundamental rights whose existence is critically important for every human being. Deprivation of liberty deprives a person of the opportunity to exercise his other basic rights.
It is very important that all detention will be realized in case provided by law. It should be implemented only when the goal can not be achives through other alternative measures.
That is why it is important to study both national and international case law related to detention. Accordingly, the paper analyzes both the standards and approaches set by national courts regarding detention procedures and the case law of the European Court of Human Rights. Recommendations are offered regarding the shortcomings identified based on them.
In addition, the paper presents the disadvantages of current legislation and practice, in connection with which suggested ways to eliminate the problem.
The paper is presented, in five parts, broken down into chapters and subsections. Parts I and V are the introduction and conclusion, and the main research is given in Parts II-IV.
Part II of the paper sets out the right to liberty, which is analyzed in the subsections, defines the protected area and interference in the protected area. The case law of the European Court of Human Rights and its standards are also discussed.
Part III deals with the grounds for detention, describing the detention of a person both by a court order and without a court order. As well as their formal and factual circumstances.
Section IV sets out the rules of detention, which set out the procedure for the arrest, as well as the rights and obligations of the detainee, as well as the rules of detention of persons with immunity and unidentified persons and related legal regulations.
At the end of the master thesis, as a conclusion, the recommendations for solving the shortcomings and problems identified as a result of the research are proposed, which will improve the legal framework, as well as detention procedures, which will ensure the protection of human rights and freedoms