POSEBNE ISTRAŽNE RADNJE U KONTEKSTU PRAVA NA PRIVATNOST IZ ČLANKA 8. EUROPSKE KONVENCIJE ZA ZAŠTITU LJUDSKIH PRAVA I TEMELJNIH SLOBODA
SPECIAL INVESTIGATIVE MEASURES IN THE CONTEXT OF THE RIGHT TO PRIVACY FROM ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Summary/Abstract: The European Court of Human Rights builds a wealth of case law to advance the protection of human rights based on the European Convention on Human Rights. Its application takes on a special significance in criminal proceedings where, in order to eliminate serious forms of crime, actions are taken that infringe on one of the aspects of regulation of the Convention in question, which refers to the right to privacy as an aspect of the right to private life guaranteed by Article 8 of the Convention. Therefore, the application of special investigative measures, in addition to the legal conditions prescribed by positive legislation in Bosnia and Herzegovina, is additionally subject to limitations created by the practice of the European Court of Human Rights .The aim of the paper is to examine the justification for determining and applying special investigative measures to the detriment of the right to privacy, where by the assessment of such justification lies in the practice established standards; legality, pursuit of a legitimate aim and necessity in a democratic society.

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