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Detention of a person committed a criminal offence: criminal procedural and forensic characteristics
Published 2023-07-01“…The practice of using administrative detention for the purposes of criminal proceedings is unacceptable, as the European Court of Human Rights has repeatedly pointed out. …”
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42
Detention as a violation of the fundamental right to protection
Published 2024-06-01“…In the process of research, it is scientifically substantiated that the criminal procedural legislation of Ukraine as a whole corresponds to the Basic Law of Ukraine and the practice of the European Court of Human Rights when bringing a person to criminal responsibility, however, the application of one of the most severe preventive measures of detention to a person/persons violates it the right to protection, resulting in the violation of other rights of the person. …”
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43
International legal framework for the regulation of judicial immunity
Published 2024-12-01“…Finally, the author concludes that the key elements of the European Court of Human Rights case law relating to the essence of judicial indemnity and its limits should be adapted and integrated into the Ukrainian judicial system, given their importance for the development of the relevant doctrine.…”
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44
The limits of restrictions on free competition in the state of emergency—the Hungarian fuel and food retail price maximisation in the light of the Hungarian constitutional court’s,...
Published 2025-01-01“…This can basically be determined on the basis of the relevant case law of three fora of legal protection—the Hungarian Constitutional Court, the European Court of Human Rights in Strasbourg and the Court of Justice of the European Union. …”
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Concept of effective Control among the Means of Restoring National Security of Ukraine
Published 2021-07-01“…In particular, the United Nations International Court of Justice and the European Court of Human Rights are actively working with the concepts of effective and general control to deal with cases of violating human rights, international humanitarian law on the territories of armed conflict. …”
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Foreign experience in ensuring of non-interference in the private life of a person in criminal proceedings
Published 2021-12-01“…The international community, in particular the European Court of Human Rights, has repeatedly stressed that the rules of law of a restrictive nature must be of high quality, i.e. without ambiguity in their interpretation and application. …”
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Defence counsel's participation in a special pre-trial investigation of criminal offenses
Published 2021-12-01“…Taking into account the study of judicial practice, doctrinal sources and decisions of the European Court of Human Rights some proposals to eliminate the outlined issues have been made.…”
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48
Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries
Published 2021-03-01“…The author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Court of Human Rights on this category of criminal proceedings are regulated. …”
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49
Legal Principles of Procedural Activity and Interaction of Employees of Operative Divisions at Execution of Instructions of Interrogators, Investigators, Prosecutors in Regard to C...
Published 2020-09-01“…The author of the article provides a retrospective analysis of the provisions of legislative acts of Ukraine, decisions of the Constitutional Court of Ukraine and the European Court of Human Rights, as well as some national criminal procedural legislation and departmental regulations on legal grounds for procedural activities and interaction of operative units to execute written instructions of interrogators, investigators, prosecutors on investigative (search) actions and secret investigative (search) actions. …”
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50
Legitimate Expectations as an Object of Corporate Legal Relations
Published 2020-09-01“…The authors have conducted the analysis of the legislation of Ukraine, the case law of Ukraine and the European Court of Human Rights, as well as doctrinal approaches to understanding legitimate expectations as objects of corporate legal relations. …”
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51
Examination and Search of a Defense attorney’s Vehicle
Published 2021-09-01“…The author has accomplished the analysis of the caselaw of the European Court of Human Rights on the grounds and procedure for conducting an examination or search of a defense attorney’s dwelling or other property. …”
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52
Experience of foreign countries in ensuring procedural guarantees of the rights of participants in criminal proceedings
Published 2024-06-01“…At the same time, there are a number of gaps and inconsistencies in the provisions of the criminal procedure legislation, the gradual elimination of which will allow Ukraine to reach the international level as a state that guarantees each participant in criminal proceedings the protection, defence and exercise of their rights, freedoms and legitimate interests in accordance with European standards, as well as reduce the number of applications to the European Court of Human Rights. Based on the results of the study, and on the basis of a selective analysis of foreign experience of certain countries, the article identifies the existing problematic issues related to the guarantee of the rights of participants to criminal proceedings, and also formulates proposals for improving criminal procedure legislation in this area, using international experience. …”
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53
Application of the principle of retroactivity in ukrainian legislation for commitment of applicable offenses against property
Published 2024-12-01“…In the process of research, it was scientifically substantiated that the criminal procedural legislation of Ukraine as a whole complies with the Fundamental Law of Ukraine and the practice of the European Court of Human Rights during criminal proceedings when changing the punishment for committing criminal offenses. …”
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54
Some Problems of the Realization of Marital Relation with Foreigners
Published 2021-07-01“…The authors have analyzed the case law of the European Court of Human Rights in regard to the protection of the rights of married women, which has answers to a wide range of problematic issues that arise in certain life circumstances regarding the conclusion of marriage, including with a foreign element.…”
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Use of digital data from open sources during the investigation of criminal offenses: certain aspects
Published 2024-06-01“…An analysis of national legislation, national judicial practice, the Berkeley protocol for conducting an investigation using open digital data (hereinafter referred to as the Berkeley Protocol), the practice of the European Court of Human Rights, the International Criminal Court and scientific research, based on which, by means of a synthesis, the basis of the problem was identified. …”
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56
Problematic Issues of Protecting Property Rights from Illegal Actions of Public Authorities
Published 2020-09-01“…Aspects of proportionality of state intervention into the property right of a person in accordance with the standards of the European Court of Human Rights have been analyzed, taking into account the principle of proper administration. …”
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Міжнародно-правові механізми забезпечення прав людини в умовах збройної агресії
Published 2025-01-01“…Акцентовано увагу на трьох інстанціях, які у відповідь на звернення кваліфікованих юристів-міжнародників, здатні справедливо реагувати на порушення прав та інтересів нашої держави та її громадян: Європейський суд з прав людини (European Court of Human Rights), Міжнародний Суд ООН (International Court of Justice), Міжнародний кримінальний суд (International Criminal Court). …”
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58
Problem of Description of the Characteristic Features of Discrimination in the Labor Sphere
Published 2020-12-01“…While analyzing legal literature, regulatory base, international legal acts and the judgments of the European Courts of Human Rights the author has established and revealed the features of discrimination in the labor sphere. …”
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