Reflections on the concept of respect for the rights and freedoms of the person in the special investigation activity

The paper is dedicated to elucidating one of the most controversial issues of the special investigation activity related to the content of the concept of respect for the rights and freedoms of the person. The uncertainty that initiated this research starts from the trivial question: what should be understood by respecting the rights and freedoms of the person, fundamental principle of the special investigation activity, given that, on the one hand, the measures specific to this type of activity, by their nature, do they interfere with the rights and freedoms of the person, and on the other hand, does the national legislature distinguish between the notion of respect for the rights and freedoms of the person and that of the authorized restriction of those rights and freedoms? At the same time, the factual data obtained through the special activity of investigations fall into the disgrace of the law if the rights and freedoms of the person are not respected. All these ambiguities together are the subject of this study.