Article | European Standards of Proper Proof in Criminal Proceedings and Practice in Ukraine |
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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 |