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Iryna SHAPOVALOVA,

Judge of the Pavlograd City Court of Dnipropetrovsk Region, Lecturer of the National School of Judges of Ukraine, Postgraduate Student of the Chair of Criminal Procedure of the Faculty of Training Specialists for Pre-trial Investigation Bodies of Dnipropetrovsk State University of Internal Affairs

THE BASIC PRINCIPLES OF THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS ARE INVESTIGATED BY A JUDGE IN THE NATIONAL CRIMINAL JUSTICE SYSTEM

Taking into account the variety of theoretical approaches to the interpretation of the term “implementation”, one can conclude that this is a process of harmonization of the international law-accepted international human rights norms with the norms of internal law and the legislative consolidation of international standards in it, which in most cases is a necessary means of ensuring their implementation at the level of law enforcement practice of the state and the proper implementation of these standards by its national institutions. Use in limiting the human rights of a judicial procedure that meets the requirements of fairness and is based on constitutional principles of equality of participants in the trial before the law and the court, the competition parties and the freedom to provide them with a court of evidence and in bringing to the court their conviction, the presumption of innocence, ensures the operation of the principle of legal certainty and precludes the adoption of unforeseen rights to judicial protection of decisions and the arbitrary restriction of his rights and freedoms. It is through the judicial procedure that it is possible to determine the measure of freedom and the extent of liability of the subjects of legal relations most fairly. According to Part 2 of Art. 8 of the Criminal procedural code of Ukraine, the principle of the rule of law in criminal proceedings is applied in the light of the practice of the European Court of Human Rights. In addition, in accordance with Part 5 of Art. 9 Criminal procedural code of Ukraine, the criminal procedural law of Ukraine is applied taking into account the practice of the European Court of Human Rights.

Key words: investigating judge, implementation, judicial control, case law, ECHR judgment.

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