Article title Modern Trends of Development the Criminal Process of Ukraine (Based on the Materials of the Practice of the European Court of Human Rights)
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 12/2017
Сторінки [102-116]

The article is devoted to the study of modern trends in the development of the criminal process in Ukraine in the context of the practice of the European Court of Human Rights. Since it is the case law of this international court that is supposed to exercise a decisive influence on the implementation of ensuring the constancy and unity of judicial practice by the Supreme Court and to find its embodiment, for example, as legal opinions in lawful, substantiated and motivated judgments of the Supreme Court in the judicial system of Ukraine. Particular attention is paid to the minimum guarantees established by the European Court of Human Rights which must be established in national legislation in order to avoid abuse of power in cases where legitimate privileged material was obtained through secret investigative investigative actions. It is established that in the event of a situation in the criminal proceeding for the implementation of the accused's right to personal interrogation of witnesses, the national courts, including the Supreme Court, must take into account the relevant principles formed by the data of the international judicial institution.

Keywords European Court of Human Rights, Supreme Court, Convention for the Protection of Human Rights and Fundamental Freedoms, case law, legal opinions, secret investigative investigative actions, lawyer secrecy, questioning of a witness