Стандарти обґрунтованості кримінальних процесуальних рішень у кримінальному процесі
Standards of the Validity of Criminal Procedural Decisions in Criminal Proceedings

Summary/Abstract: The relevance of the topic is due to the fact that in practice there are problems with making criminal procedural decisions and their justification in the form of procedural documents, misinterpretation of national legislation, low level of awareness of the decisions of the European Court of Human Rights, which are manifested in the refusal of investigating judges to satisfy motions for the application of measures to ensure criminal proceedings, detention of a person. The purpose of the article is to determine the standards of validity of criminal procedural decisions. The methodological basis of the study is based on the methods of analysis, formal legal and comparative. The article identifies criminal procedural decisions made in criminal proceedings, their features and significance. In article was analyzed certain decisions of the European Court of Human Rights on the validity of decisions in criminal proceedings. Based on the study, the author draws conclusions and provides recommendations on the application of the established standards for the reasonableness of decisions in criminal proceedings at the national level, in particular, on the reasonableness of suspicion, on the need to obtain information to confirm or dispel a specific suspicion on the basis of which an arrest was made, and on the need for a party to defend its arguments specified in a criminal procedural decision.

• Details
• Contents