Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Halahan Завантажень: 8, розмiр: 370.4 KB

DOI https://doi.org/10.33994/kndise.2021.66.21

V. Halahan Zh. Udovenko

The article is devoted to issues related to the filing of appeals and cassation complaints, as well as additional materials attached to them in the preparation of judicial consideration at the stages of appeal and cassation proceedings. The peculiarity of using these materials is that they may contain confidential information related to the circumstances of personal and family life, which is not subject to disclosure. There are currently no warnings regarding their use in the legislation, in connection with which amendments and additions to the Criminal Procedure Code of Ukraine, aimed at legislative regulation of this issue, have been proposed and justified.
The mechanism of ensuring the rights and freedoms of the individual in the aspect of implementing the norms of international legal documents in the field of criminal proceedings and the practice of the European Court of Human Rights has been analyzed. On examples from the judicial practise of considering materials of criminal proceedings, the specifics of ensuring non-interference in personal and family life in the courts of appeal and cassation are shown. Attention is drawn to the peculiarities of the functioning of these courts, their role in identifying injustices and making legal and well-founded court decisions aimed at ensuring non-interference in the personal and private life of citizens as a principle of criminal proceedings.

Keywords: criminal proceedings, court proceedings, appeal proceedings, cassation proceedings, principles of criminal proceedings, personal and family life, procedural guarantees.