Title: Процедура “habeas corpus” та її втілення в системі юридичних гарантій прав і свобод людини
Abstract: The article considers the concept and essence of one of the most important legal procedures used in many countries around the world - "habeas corpus act". It has been established that the habeas corpus act procedure is an important legal guarantee for a person detained on suspicion of committing a crime, due to the fact that the decision to detain a person takes place with the participation of a court in the form of issuing an order, which is sent to the official responsible for the detention of the arrested person. The order obliges to inform about the time and reasons of arrest, as well as about the need to bring the arrested person to court. The habeas corpus act is considered to be one of the oldest legal institutions in democracies and first appeared in 1215, according to the 39th paragraph of the Magna Carta libertarium, signed by King John. It has been established that while guaranteeing a person's right to liberty and security of person, protected from arbitrary restriction, the habeas corpus act has been embodied in many international legal instruments, including the Universal Declaration of Human Rights (Article 9) and the International Covenant on Civil and Political Rights. and political rights (Article 9), the Convention for the Protection of Human Rights and Fundamental Freedoms (Article 5), as well as in the legal systems of Anglo-Saxon and continental law. It was stated that the Habeas Corpus procedure was not implemented in the Ukrainian legislation in its literal sense. However, its main elements are contained in the Constitution of Ukraine (in particular, Article 29), the Criminal Procedure Code of Ukraine and other legal documents. It is the provisions of the constitutional legislation of Ukraine that form the basis for the operation and development of the habeas corpus institution in the country. The implementation of the "habeas corpus act" procedure in the legislation of Ukraine is studied through the prism of disclosing the basic criteria of the habeas corpus institute, which determine the criteria of legality and justice of arrest, basic requirements for procedures related to restriction of human rights to freedom and personal inviolability. It is emphasized that despite the fact that the right to liberty and security of person is one of the defining and fundamental human rights, the procedure "Habeas Corpus" in the legislation of Ukraine in some respects is declarative.