Practice of the European Court of human rights concerning violation of the right of confrontation and problemming of the implementation of article 6 (d) in Ukraine's criminal proceedings
Journal Title: Альманах міжнародного права - Year 2018, Vol 19, Issue
Abstract
The article deals with the problems of realization of pp. d p 3 p. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, incl. in the criminal proceedings of Ukraine. It is noted that the ECtHR is very carefully suited to each particular case, assessing, depending on its circumstances, whether or not there has been a violation of Article D. part 3. 6 of the Convention. Important in this case are the following provisions: was the witness who could not be questioned, the key and the role of his testimony to the case; the reasons why it was impossible to question the witness; whether the verdict is lawful and substantiated without this proof; how much this evidence is reliable and consistent with others; was the applicant able to challenge the admissibility of this evidence and whether the court examined the admissibility issue; what were the conditions for the study of evidence in court and how limited the protection possibilities were during the trial; whether the parties had equal procedural opportunities. The author examines the provisions of the Criminal Procedural Code of Ukraine in relation to the implementation of the right of confrontation, and proposes to amend ch. 9 of Art. 224 of the Code of Criminal Procedure of Ukraine, pointing out that simultaneous interrogation of two and the pain of interrogated persons to establish the reasons for the disagreement in their testimony may be conducted with the participation of a juvenile or minor witness or victim together with the suspect on the initiative of a juvenile or minor witness or victim.
Authors and Affiliations
І. В. МУДРАК
Keywords
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