TO QUESTION OF THE INTERPRETATION OF THE RIGHT TO EFFECTIVE PROTECTION IN CRIMINAL PROCEEDINGS ON THE BASIS OF APPLICATION COURTS OF UKRAINE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

The article, based on a review of the judgments of the European Court of Human Rights, which founda violation of the Convention for the Protection of Human Rights and Fundamental Freedoms, indicated the typesof obligations imposed on the state, which include the following: take measures to stop the violation; take generalmeasures to stop such violations and prevent future ones; to compensate the victim for the violation in order torestore as much as possible the situation that took place before such a violation of the law (restitutio in integrum).Based on the analysis of the judgments of the European Court of Human Rights, which found a violationof the Convention for the Protection of Human Rights and Fundamental Freedoms, the author concludes that unlike a number of other, most common violations of the Convention, in particular, Article 3 prohibition of torture, forwhich the ECtHR normally sets a certain amount of compensation for non-pecuniary damage, and in violationof Article 6 § 3 in conjunction with Article 1 § 1, the ECtHR’s recognition of such violation courts. The article paysspecial attention to the implementation of the provisions of the Criminal Procedure Code of Ukraine on mandatoryparticipation in criminal proceedings, which is necessary to protect a person at all statutory stages of criminalproceedings, including after the sentence enters into force.Today, the judicial system of our country faces an important task – the introduction of the practice of directapplication of the Convention for the Protection of Human Rights and Fundamental Freedoms and decisionsof the European Court of Human Rights as sources of law in the administration of justice in criminal matters.The article analyzes the decisions of the Supreme Court on the review of cases, based on the establishmentof an international judicial institution, whose jurisdiction is recognized by Ukraine, violations of internationalobligations in resolving the case by the court. The analysis found that the Supreme Court, in its operative partsof the judgments, did not contain references to the provisions of the Convention for the Protection of HumanRights, which became the basis for such a review. According to the author, the above statements are a shortcomingof the current state of law enforcement in criminal proceedings.