BASIC APPROACHES OF THE EUROPEAN COURT OF HUMAN RIGHTS TO UNDERSTANDING THE PRESUMPTION OF INNOCENCE AS COMPONENT OF THE RIGHT TO A FAIR TRIAL

Abstract

The article is devoted to the issue of under-standing the content and implementation of the pre-sumption of innocence in the case law of the European Court of Human Rights.
The urgency of the issues addressed in the ar-ticle is due to the fact that the presumption of inno-cence is one of the important legal guarantees to en-sure the exercise of the right to a fair trial. Ukraine is a party to the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), so in order to create a truly effective mechanism for the protection of human rights, implementation and full implementation in its legal system of international obligations established by the Convention, European Court of Human Rights, which are concretized in the light of the actual relationship, the provisions of the Convention.
Based on the analysis of scientific works and decisions of the European Court of Human Rights, ap-proaches to understanding the essence of the pre-sumption of innocence are highlighted. Theoretical is-sues and current problems of law enforcement of the presumption of innocence in the case law of the Euro-pean Court of Human Rights have been studied. The legal positions of the Court on the observance by the judicial and law enforcement bodies of European countries and Ukraine of the basic provisions of the presumption of innocence are highlighted on the ex-ample of a number of decisions.
The European Court of Human Rights has a broad understanding of the presumption of innocence, according to which the presumption of innocence must be guaranteed at all stages of criminal proceedings prior to a guilty plea, and in certain circumstances even after the closure of criminal proceedings.

The connection between the provision of para-graph 2 of Article 6 (presumption of innocence) and Art. 10 of the Convention, which provides for freedom of expression. It is concluded that the potential risks of negative impact of information campaigns in the media on the impartiality of the court in accordance with paragraph 1 of Article 6, as well as the presump-tion of innocence, enshrined in paragraph 2 of Art. 6 of the Convention. The issue of observance of the pre-sumption of innocence after the completion of criminal proceedings was considered separately. According to the results of the study of the decisions of the European Court of Human Rights, it was established that the ex-tension of the protection of paragraph 2 of Art. 6 of the Convention on Further Non-Criminal Proceedings is an important guarantee of the established innocence of a person in respect of any accusation that has not been proven.
Key words: presumption of innocence, right to a fair trial, case law of the European Court of Human Rights, principle, criminal proceedings.