Jurisprudence of the European court of human rights in the choice of precautionary measures in criminal proceedings: legal realities and perspectives

Romantsova, Svitlana and Zinkovskyy, Igor and Komisarchuk, Ruslan and Balatska, Olha and Strelbitsk, Lesia (2020) Jurisprudence of the European court of human rights in the choice of precautionary measures in criminal proceedings: legal realities and perspectives. Cuestiones Políticas, 38. pp. 445-458.

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Abstract

The article deals with the problems of application of the
decisions of the European Court of Human Rights (ECHR) in the
selection of precautionary measures in criminal cases in accordance with
Ukrainian law. Since the procedural legislation of Ukraine is currently
not perfect in the framework of the establishment and regulation of the
application of precautionary measures, the decisions of the ECHR serve as
an indispensable regulator of this issue. The objective of the work is to study
the peculiarities of the application of the jurisprudence of the European
Court of Human Rights in the selection of precautionary measures in
criminal proceedings. The subject of the investigation is the jurisprudence
of the ECHR in the context of the choice of precautionary measures in the
criminal process. The research methodology included and combined the
dialectical method, logical and legal method, analysis, synthesis. By way
of conclusion, the study shows that the practice of the ECHR is mandatory
to take into account not only the courts but also the investigators and
prosecutors, who legally have the right to request the court to apply such
precautionary measures.

Item Type: Article
Uncontrolled Keywords: European Court of Human Rights; European jurisprudence; precautionary measures; criminal process; legal reality of Ukraine
Subjects: by fields of science > Science of law
Divisions: I. Malynovskyi Institute of Law
Depositing User: Галина Цеп'юк
Date Deposited: 01 Oct 2021 09:08
Last Modified: 01 Oct 2021 09:08
URI: https://eprints.oa.edu.ua/id/eprint/8561

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