Tag: European Court of Human Rights

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.

Annotation: The Internet plays a significant and ever-growing role in modern society. This is due, among other things, to the growing number of cases in which participants apply to the European Court of Human Rights ("the Court") to protect their right to freedom of expression on the Internet. However, the right to freedom of expression on the Internet is not absolute, ie the state may apply restrictions on its implementation. But such restrictions must be established by law and pursue a legitimate aim. The article examines the case law of the Court, we believe that the bulk of the cases were initiated by complaints of violations of two articles of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention): Art. 8 (the right to respect for private and family life) and Art. 10 (right to freedom of expression). In its decisions, the court defined the boundary of private life, noting that it includes such aspects as images of a person, his personal data, including biometric information, DNA samples, etc. The paper finds that the Court proceeds from the fact that the dissemination of information on the Internet falls under the protection of Art. 10 of the Convention. At the same time, he acknowledged that the level of protection of information posted on the Internet differs from that provided by information disseminated in the media. In addition, the legal positions developed by the Court on the blocking of Internet sites, the liability of Internet providers for disseminated information and comments, the relationship between freedom of information and copyright, etc. are of significant interest.

Annotation: The scientific article provides a comprehensive analysis of the conditions for compliance with the principle of the rule of law as a defining principle in commercial litigation; the ratio of the principles of legality and the rule of law is characterized. The scientific article considers approaches to understanding the essence of the rule of law, which allow to imagine the diversity of interpretations of this concept, the peculiarity of subjective understanding not only by the person researching this issue, but also by an individual who has specific areas of law. Also in the scientific article the peculiarities of application of the principles of legality of the rule of law in the decisions of the European Court of Human Rights are considered.

Annotation: The scientific article is devoted to analysis of problematic issues that arise in the field of application the practice of the European Court of Human Rights by national courts. Based on the analysis of Ukrainian judicial practice, in the article are provided the most common negative factors that make impossible effective, timely and correct application of the practice of the European Court of Human Rights by the courts of first and second instance, and ways to eliminate them.