Suchergebnisse

Using a documentary methodology combining different research techniques such as dialectics, the article conducts a scientific analysis of the implementation of the constitutional right to a fair trial in Ukraine and defines its essence and content; it also investigates the peculiarities of normative consolidation of the right in international legal acts and studies the positive experience of applying the precedent practice of the European Court of Human Rights, to solve the main problems of the implementation of this right in the national judiciary in the conditions of martial law in Ukraine. Among other things, the essence of the term "right to a fair trial" was clarified and a study of the peculiarities of the implementation of the right to a fair trial in conditions of war from the perspective of the European Court of Human Rights was conducted. It is concluded that, both in theory and in concrete reality, the right to a fair trial is complex in nature and includes the fairness and publicity of the proceedings, the reasonableness of the terms, the presumption of innocence, the independence and impartiality of the court, the existence of a dispute over rights and obligations, among other aspects.

This article is devoted to the study of procedural and criminological aspects of ensuring the safety of participants in criminal proceedings. The problems of legal regulation of ensuring the safety of participants in these proceedings are also considered. The legal status of the subjects of relevant decisions is analyzed and the international and Ukrainian experience in regulating these issues is studied. The methods of dialectical, formal-logical, historical, structural-functional, institutional analysis, content analysis of laws and regulations and the method of evaluation of scientific positions were used. Among the relevant results of the research, the necessity of implementing security measures for participants of criminal proceedings in the Criminal Procedure Code of Ukraine in a separate section was demonstrated. Similarly, the expediency of creating in Ukraine a specialized independent structural unit for the implementation of measures to protect persons involved in criminal proceedings is discussed. In the main conclusions the need for the introduction in Ukraine of corresponding programs for the protection of participants in criminal proceedings is argued.

The objective of the study was to determine the legality of the application of coercive medical measures and to develop recommendations to improve the legislative regulation of their use. The study included data on the number of offenders with mental disorders; the empirical background was the decision of the European Court of Human Rights on the application of coercive medical measures; provisions of the legislation of 31 countries. Methods of system approach, comparison, descriptive analysis, pragmatic approach, prognosis were used. The national criminal law of most states regulates the application of coercive medical measures to persons who have committed a crime in a state of limited sanity or insanity or have acquired it before sentencing or during the execution of the sentence, but its practical application causes several complications. It is concluded that the legislative definition of coercive medical measures corresponds to human rights legislation. But there are problems with its practical application. Proposals were made to amend national and international legislation: to broaden the range of grounds for the application of coercive medical measures; regulate the possibility of early termination of a coercive medical measure; oblige the courts to determine the appropriate terms.