Засада змагальності кримінального судочинства у світлі рішень Європейського суду з прав людини / The Principle of the Comparative Criminal Judgment in the Light of the European Court of Human Rights
Journal Title: Журнал східноєвропейського права - Year 2017, Vol 41, Issue 41
Abstract
The priority trend of modern criminal-procedural reform in Ukraine is the need to bring criminal procedural legislation in line with European standards and norms. The European Court of Human Rights plays an important role in this direction. The European Court has repeatedly drawn attention to the requirement for criminal proceedings to be conducted in a manner consistent with the competition and equality of procedural rights of the parties. The legislator has done enormous work in this direction, but despite such a volume of work, an analysis of the judgments of the European Court of Human Rights shows that a large number of declarative provisions do not allow to fully provide a competitive model of legal proceedings in Ukraine, confirming why there are a large number of appeals to European court for protection. The article deals with the main problems that arise in the process of realization of the basis of competition in criminal proceedings and brought to attention by the European Court of Human Rights. Considerable attention is paid to the definition of competition, the lack of procedural equality of the parties, as well as other elements of competition. In order to eliminate these problems, the analysis and generalization of the decisions of the European Court of Human Rights concerning this issue have been analyzed.
Authors and Affiliations
Mykhailo Buhrym
Keywords
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