SOME POINTS OF THE EUROPEAN COURT OF HUMAN RIGHTS TO CONSIDER IN THE ASSESSING PROCESS OF EVIDENCES, WHICH WERE OBTAINED IN A RESULT OF PROVIDING COVERT INVESTIGATIVE (DETECTIVE) ACTIONS

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Nadiya STEFANIV,

Judge of the Court of Appeal of Ivano-Frankivsk Region

SOME POINTS OF THE EUROPEAN COURT OF HUMAN RIGHTS TO CONSIDER IN THE ASSESSING PROCESS OF EVIDENCES, WHICH WERE OBTAINED IN A RESULT OF PROVIDING COVERT INVESTIGATIVE (DETECTIVE) ACTIONS

 

This article deals with some issues of the European Court of Human Rights Court in the assessing of evidences, which were obtained in a result of providing covert investigative (detective) actions. The emphasis is made on those cases, where the grounds for the recognition of an evidence as inadmissible are not absolute, and the procedure for checking the admissibility of evidence, which are obtained as a result of providing covert investigative (detective) actions, is a subject of the lawsuit, in the resolving of which the case law of the European Court of Human Rights is very important.

Key words: European Court of Human Rights, covert investigative (detective) actions, assessing of the evidence.

 

References

Criminal Procedure Code of Ukraine. URL: http://zakon4.rada.gov.ua/laws/show/4651-17. [ukr.]

Constitution of Ukraine. URL: http://zakon1.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80. [ukr.]

Judgment of the European Court of Human Rights "T. against the United Kingdom ”and“ V. against the United Kingdom. " Judgment of 16 December 1999 No. 719. Communiqué of the Registrar of the Court. The case law of the European Court of Human Rights. Decision. Comments. 2000. No 1. S. 59–60; "FINDLAY v. The United Kingdom". Judgment of 25 February 1997. European Court of Human Rights. Selected solutions: in 2 vols. T. 2. M., 2000. P. 407. [russ.]

Case of the European Court of Human Rights "Schenk v. Switzerland" of 12 July 1988 (Schenk v. Switzerland). URL: http://europeancourt.ru/uploads/ECHR_Schenk_v_Switzerland_12_07_1988.pdf. [russ.]

Case of the European Court of Human Rights "Hunt v. The United Kingdom" of 12 May 2000 (Khan v. United Kingdom). URL: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i = 001-58841 # {«itemid»: [«001-58841»]}. [engl.]

Case of the European Court of Human Rights "Allan v. The United Kingdom" of 5 November 2002 (Allan v. The United Kingdom). URL: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i=001-60713#{ "itemidid::[ "001-60713»]}. [engl.]

Case of the European Court of Human Rights "Heglas v. The Czech Republic" of 1 March 2007 (Heglas v. The Czech Republic). URL: http://hudoc.echr.coe.int/sites/eng/pages/search. aspx # {«itemid»: [«001-126092»]}.[engl.]

Case of the European Court of Human Rights "Perry v. The United Kingdom" of 17 July 2003 (Perry v. The United Kingdom). URL: http://hudoc.echr.coe.int/sites/eng/pages/search.aspx?i= 001-61228 # {«itemid»: [«001-61228»]}.[engl.]

Convention for the Protection of Human Rights and Fundamental Freedoms. URL: http://zakon4.rada.gov.ua/laws/show/995_004. [ukr.]