RULE OF LAW PRINCIPLE AS A PRINCIPLE OF CRIMINAL PROCEDURE (ON MATERIALS OF THE EUROPEAN COURT OF HUMAN RIGHTS)
Дата
2022
Назва журналу
Номер ISSN
Назва тому
Видавець
Анотація
The urgency of the study is stipulated by the importance of the European Court of Human
Rights practice studying in order to determine the content of the rule of law principle. The
purpose of the article is to elucidate the rule of law principle as a principle of criminal
procedure by means of the European Court of Human Rights practice. The study is based on the
paradigm of human rights priority over positive law and understanding of law, formed within the
natural law school, distinguishing between law and the law, and judicial precedent, legal
doctrine and principles of law are recognized as the forms of law. The study of the European
Court of Human Rights practice led to the use of content analysis method and the hermeneutic
method. The article clarifies that the pluralism of approaches to understanding the rule of law
does not preclude the identification of ideas constituting the rule of law and are named in most
of the rule of law theories, including the following: no one can be punished other than for a
crime; no one can be above the law, all people are equal before the law and the court; court
practice, disclosing the content of legal requirements, is a source of law; it is substantiated that
the provisions of the European Court of Human Rights on criminal proceedings reflect the
commitment to democratic values, and their purpose is to ensure the rights and fundamental
freedoms of subjects to criminal proceedings, prevent disproportionate interference with human
rights by public authorities, and implement the rule of law principle. The materials of the article
can be used to improve the public authority’s activities in the field of crime prevention through
the implementation of the following areas: study of the European Court of Human Rights
practice by crime prevention bodies; constant monitoring of the European Court of Human
Rights practice in order to improve national legislation.
Опис
Ключові слова
Criminal Proceedingsm, Effective Investigation, European Court of Human Rights Practice, Human Rights, Rule of Law., Кримінальне судочинство, Ефективне розслідування, Європейський суд з прав людини, Практика, права людини, верховенство права.
Бібліографічний опис
Smokov, S.M., Horoshko, V.V., Korniienko, M.V., & Medvedenko, S.V. (2022). Rule of law principle as a principle of criminal procedure (on materials of the European court of human rights). Journal of Legal, Ethical and Regulatory Issues, 25(3), 1-8.