A REASONABLE TIME FOR CRIMINAL PROCEEDINGS: ECHR PRACTICE AND SOME FEATURES OF LEGISLATIVE REGULATION

Abstract

The article is devoted to understanding the content of the procedural requirement of a reasonable term of criminal proceedings in the case law of the European Court of Human Rights, as well as some features and shortcomings of its implementation at the pre-trial investigation stage under the current Criminal Procedure Code.
The urgency of the issues considered in the article is due to the fact that the implementation of criminal proceedings within a reasonable time is one of the key guarantees of the state in the context of its fulfillment of its obligations under Article 6 of the ECHR. As a party to the European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), Ukraine must take into account the legal position of the European Court of Human Rights in order to create a truly effective mechanism for the protection of human rights.
Based on the analysis of scientific works, procedural legislation and decisions of the European Court of Human Rights, approaches to understanding the essence of the category of "reasonable time" are highlighted. The example of a number of decisions highlights the legal positions of the Court on the beginning, course and end of the period that must be taken into account when determining the term of criminal proceedings in a particular case.
Taking into account the provisions of the current Criminal Procedure Code of Ukraine and the case law of the European Court of Human Rights, the author identifies the main criteria of "reasonable time" in criminal proceedings: complexity of the case, the applicant's conduct and the relevant competent authorities. A separate description of each of the criteria for determining a reasonable time for criminal proceedings is given. Based on the generalization of the legal positions of the ECtHR on the criterion of complexity of the case, it was concluded that it is impossible to develop a unified approach to the assessment of reasonable duration, given the specifics of each criminal proceeding.
Based on the analysis of the provisions of Article 308 of the CPC of Ukraine, the mechanism for appealing against failure to meet reasonable deadlines at the stage of pre-trial investigation is determined, problematic issues of effective appeal against pre-trial investigation to the highest prosecutor are outlined.
Key words: reasonable time, right to a fair trial, case law of the European Court of Human Rights, principle, criminal proceedings.