Violation of the rights of the suspect (accused) in criminal proceedings (analysis of ECtHR practice)

Abstract

Ensuring the protection of all the rights of a suspect (accused) in criminal proceedings, who has inherent rights, freedoms and interests guaranteed by law, is one of the main tasks of judicial and law enforcement agencies within the framework of the implementation of the principle of human-centeredness. The purpose of the study was to establish the effectiveness of law enforcement of the norms that ensure the rights of suspects (accused) in Ukraine based on the analysis of relevant decisions of the ECtHR, and to provide suggestions for its improvement. In practice, during the pre-trial investigation and trial, there are frequent violations of the rights of the specified persons, which are enshrined in national and international legislation, which indicates insufficient effectiveness of law enforcement. It has been established that the criminal procedural legislation of Ukraine is co-used with the norms of international normative legal acts, in particular the Convention on the Protection of Human Rights and Fundamental Freedoms, in terms of ensuring the rights of the violated (accused) in criminal proceedings. The proposal as a result of the conducted research is the training of employees of state bodies in the field of implementation of the norms of the Criminal Procedure Code, taking into account people-centeredness and the obligation to take into account the practice of the ECHR in their activities in order to prevent new similar (or similar) violations of the rights of the suspect (accused) in criminal proceedings. This study does not exhaust all the problems associated with the violation of the rights of suspects (accused) in criminal proceedings, but it opens up prospects for further research in this area.