Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 2786-7072 (Online); ISSN: 2786-7080 (Print)
PDF vypusk_68-204-211 Завантажень: 2, розмiр: 371.6 KB

DOI: https://doi.org/10.33994/kndise.2023.68.02

O. Mazur, К. Bortun

The article examines the issue of disclosure of the content of the principle of the rule of law, its elements and the practice of the European Court of Human Rights in the context of a violation of Art. 6 «The right to a fair trial». Changes to the Criminal Procedure Code of Ukraine regarding the restoration of lost materials of criminal proceedings under martial law are analyzed.
The relevance of the study is determined by the fact that the principle of the rule of law, which was reflected in the preamble of the Convention on the Protection of Human Rights and Fundamental Freedoms and in a number of other international documents on human rights, must be ensured even during the war. After all, according to Art. 8 of the Constitution of Ukraine, the principle of the rule of law is recognized and applied in our country.
In connection with the full-scale war and the legal regime of martial law, Ukraine faced many challenges, especially the criminal justice authorities, since peacetime laws could not regulate all the events and circumstances that arose.
As a result of the events that took place in the spring and summer of 2014, as well as after the full-scale invasion of the Russian Federation into the territory of Ukraine, the government temporarily lost control over parts of the territory of Luhansk and Donetsk regions, where the courts of first instance and appeals were located, some of the materials of criminal proceedings also remained in this territory Therefore, the state authorities were faced with the issue of restoring lost materials of criminal proceedings to ensure the rights and legitimate interests of suspects and accused persons. These issues were highlighted in the decisions of the European Court of Human Rights in several cases against Ukraine.
Therefore, the Verkhovna Rada of Ukraine made a number of changes to the legislation, in particular to the Criminal Procedure Code of Ukraine.

Key words: principles of the criminal process, the principle of the rule of law, the right to a fair trial, the practice of the European Court of Human Rights.