EXERCISE OF THE RIGHT TO «COURT ESTABLISHED BY LAW» IN CRIMINAL PROCEEDINGS

Abstract

The article deals with the actual scientific problem of defining the content and features of the implementation of the right to a "trial established by law" in criminal proceedings as an element of the right to a fair trial. The requirement for consideration of cases by a "court established by law" was investigated based on the provisions of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms and its interpretation in the decisions of the European Court of Human Rights, which are the source of law in Ukraine. Considerable attention was paid to the analysis of national legislation, in particular, the Constitution of Ukraine, the Law of Ukraine "On the Judiciary and the Status of Judges" and the Criminal Procedure Code of Ukraine, in terms of the normative regulation of the right to "court established by law". Taking into account the provisions of the mentioned legislative acts and the practice of the European Court of Human Rights, it is substantiated that the organizational aspects of the right to a "court established by law" provide for compliance with the requirements of the law regarding the procedure for establishing a court and the formation of a judicial corps. Procedural aspects of the right to a " court established by law" are considered in accordance with the norms of the Criminal Procedure Code of Ukraine, which provide for the general provisions of criminal proceedings and special norms that determine the peculiarities of the administration of justice in modern conditions of martial law. It was found that the procedural aspects of the right to a "court established by law" include: fulfilling the requirements of the law regarding jurisdiction and the procedure for determining a judge to consider a specific case, applying the provisions of the procedural law regarding the composition of the court, as well as the court's compliance with the norms that regulate its activity. Taking into account the organizational and procedural aspects, a general conclusion was made that the realization of the right to a "court established by law" in criminal proceedings involves the administration of justice by a jurisdictional body specially created in accordance with the law - a court that is authorized on the basis of the norms of the Criminal Procedure Code of Ukraine to resolve issues within its competence.