Reasonability of terms as a principle of criminal proceedings in Ukraine: the state of legal security through prism practices of the european court of human rights

Abstract

The scientific work is devoted to the research of law phenomenon such as princilple of reasonable time in criminal procedure. Author reserched legal reglamentation and realization of fundemental of reasonable time in Ukrainian criminal procedure through the judicial practice of the European court of human rights. The actuality of scientific research’s topic due to: 1) this princilple is a certain novel in national criminal procedure, that was introduced firstly in 2012 by Criminal procedure Codex; 2) in Ukraine there is a high level unrealization or direct violation of right to a fair trial within a reasonable time, that guaranteed by Article 6 of European Convention on Human Rights; 3) against the backdropof european integration processes in Ukraine there is exacerbated need to improve and reform the criminal procedure laws in order to supply legality, justice and anthropocentrism in judicial and investigative activity.The goal of this scientific research is analisis of national law reglamentation of princilple of reasonable time in criminal procedure laws, the level of its realization in national legal practice, main disadvantages its law supplement and ways to solve these problems. In addition, author paid attention to some theoretic aspects of the topic: the concept of princilple of reasonable time, definition of term and its differences between adjacent legal concepts, determination the begining and end of reasonable time and etc. Also author emphasized acute problems of violation the right to a fair trial, reserched the most important judgements of ECHR. Among such problems are failure to keep a reasonable time at the stage of court proceedings because of lack of its defined terms; incidents of perennial detention in intolerable conditions; crowd load in local general courts as a reason of protracted court proceedings. In addition author proposed alternative ways of solution of these problems: from estedlishment the officials’ disciplinary responsibility and the country’s duty to compensate an innocent person damage, done by detention to makind changes to criminal procedure laws.