Suchergebnisse

In the article, based on the analysis of theoretical views and legislative practice, a hypothesis is put forward about the existence of such a phenomenon in legal regulation as the devaluation of the criminal ban. The effectiveness of criminal law and its impact on the state of crime is an urgent issue not only for Ukraine but also for any country in the world. Excessive attention to the criminal law on the part of the legislator and attempts to resolve socio-political and economic issues by adjusting the criminal legislation cause, the strengthening of the criminal ban, which ultimately leads to such a negative phenomenon as the devaluation of the criminal ban. The publication identifies areas where such devaluation is possible and provides relevant examples. The article attempts to identify measures to stop the devaluation of criminal prohibitions, among which the most appropriate is considered to be compliance with the principle of ultima ratio. The article considers the current content of this principle in the criminal law doctrine. Human dignity is stated as an ultima ratio measure, and compliance with this principle will stop the devaluation of criminal prohibitions.

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.