Responsive image
Article European Standards of Proper Proof in Criminal Proceedings and Practice in Ukraine
Authors
Rabinovych P., Ratushna В.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 10 / 2014
Pages 53 - 63
Annotation The article deals with the general requirements for proper proof established by the European Court of Human Rights under para. 1, Article 6 of the European Convention on Human Rights and Fundamental Freedoms based on the practice of criminal case resolution. The above requirements include the implementation of adversarial trial model; parties equality in proof; applicability of evidence in the court; judgment reasoning. The observance of the requirements in fact-finding process in Ukrainian criminal procedure is studied. The need in harmonization of Ukrainian criminal procedure with the European standards is identified.
Keywords criminal procedure, proper proof, adversarial procedure, applicability of evidence, relevance of evidence, judgment reasoning.
References
Electronic version Download