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Personal cabinetThe influence of martial status and the application of the practice of the ECTHR in the implementation of the principles of observing reasonable deadlines
Bibliographic description of the article for the citation:
Тихонова Олена. The influence of martial status and the application of the practice of the ECTHR in the implementation of the principles of observing reasonable deadlines//Science online: International Scientific e-zine - 2023. - №10. - https://nauka-online.com/en/publications/jurisprudence/2023/10/05-17/
Annotation: This article analyzes the criminal procedural legislation of Ukraine and the application of the practice of the European Court of Human Rights in the implementation of the principles of observing reasonable deadlines, as well as the impact of martial law introduced in Ukraine on the process of observing reasonable deadlines. Therefore, the implementation of criminal proceedings is based on the principles approved by the current criminal procedural legislation. An important component of which is the reasonableness of terms, which is enshrined in Art. 28 of the CCP of Ukraine. Reasonable terms are terms that are objectively necessary for the execution of procedural actions and the adoption of procedural decisions. They cannot exceed the deadlines for the execution of certain procedural actions or the adoption of certain procedural decisions provided for by the Criminal Procedure Code of Ukraine. The criteria for determining the reasonableness of the terms of criminal proceedings are: 1) the complexity of the criminal proceedings, which is determined taking into account the number of suspects, accused persons and criminal offenses in respect of which the proceedings are carried out, the scope and specifics of the procedural actions necessary for the implementation of the pre-trial investigation, etc.; 2) behavior of participants in criminal proceedings; 3) the manner in which investigators, prosecutors, and courts exercise their powers. It was established that in connection with the martial law, changes were introduced and made to the Code of Criminal Procedure of Ukraine regarding procedural terms, when the course of criminal proceedings provided for by the code does not correspond to the current state of affairs. It was also established that the Convention on the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 (European Convention on Human Rights), which was ratified by Ukraine on July 17, 1997, as well as additional protocols to it (all of which were ratified by Ukraine), is subject to application in Ukraine as part of its national legislation in accordance with Article 9 of the Constitution of Ukraine. It has the highest legal force in relation to all acts of national legislation, with the exception of the Constitution of Ukraine. It is argued that there is an urgent need to determine the terms of the trial of criminal proceedings not as reasonable, but as procedural with specifically defined limits and reasons for their extension, to establish the procedure and grounds for holding judges accountable for delaying the trial, to introduce a procedure for compensation for damages stipulated in the consequence of delaying the process.