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ViktoriaSPILIAREVYCH,

jury of Ivano-Frankivsk city court of Ivano-Frankivsk region, associate professor of criminal law department of Vasyl Stefanyk Precarpathian national university, Candidate of Law Sciences

JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS AS SOURCE OF CRIMINAL LAW POLICY IN SPHERE OF USE OF SECURITY MEASURES. 

The article states that the inalienable part of criminal law policy of Ukraine is criminal law policy in the sphere of application of safety measures. Which should be understood as a kind of criminal-law measures defined by the Criminal Code of Ukraine. They are applied to a person in a «dangerous state», on behalf of the state, by a court decision, in order to prevent the repeated commission of a sm ocially dangerous act, which is a crime predicted in the Special Part of the Criminal Code of Ukraine.

As any science formed on the basis of the relevant sources underlying it, the criminal law policy in the area of the application of security measures also has its own range of sources, which should also include the decisions of the European Court of Human Rights, which have not been analyzed in the science of criminal law yet. This is because of the interpretation of the Convention for the Protection of Human Rights and Fundamental Freedoms (November 4, 1950) is contained in the decisions of the European Court of Human Rights, which is formally is necessary for the jurisdiction of the national (Ukrainian) courts, since only it has the right to conduct her official interpretation.

As the conclusion, the author proves that the significance of the decisions of the European Court of Human Rights in the system of sources of modern criminal law policy in the sphere of application of security measures, manifests itself to the fact that they, on the one hand, ensure the improvement of national mechanisms for the protection of human rights and freedoms of the constitutional rights and freedoms of citizens. And, on the other hand, they guarantee the approval of the judiciary, increase the independence, authority and the role of courts as the only body authorized to make a decision about application of a security measures to the relevant person, which is in the so-called «dangerous state».

Key words: criminal law policy of Ukraine, security measures, sources of criminal law policy in sphere of use of security measures, Constitution of Ukraine, judgments of the European Court of Human Rights.

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