Reasonable Time in Criminal Proceedings of Ukraine in the Context of the European Court of Human Rights Case Law

Authors

  • Bohdan Derdiuk
  • Serhii Kovalchuk
  • Snizhana Koropetska
  • Vasyl Savchenko
  • Oleksandra Smushak

DOI:

https://doi.org/10.47059/revistageintec.v11i2.1706

Abstract

The purpose of the paper is an analysis of the notion of reasonable time, period which is taken into account in their calculation and criteria for determining a reasonable time for criminal proceedings in Ukrainian criminal procedural legislation in the context of the European Court of Human Rights case law. The subject of the study is an analysis of Ukrainian criminal procedural legislation from the point of view of its conformity to the ECHR’s case law in the designation of a reasonable time, period which is taken into account in calculation of a reasonable time and criteria for its determining for criminal proceedings. The research methodology includes comparative legal, systematic, functional, formal legal and others methods. The results of the study. The period which is taken into account in calculation of a reasonable time and the criteria for its determining is studied comprehensively as a basis for definition of the notion of reasonable time. Practical implication. The range of suggestions for improvements of Ukrainian criminal procedural legislation relating content of reasonable time and mechanism used to their calculate is defined. Value / originality. Based on the results of an analysis the authors’ concept of reasonable time is proposed.

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Published

2021-06-02

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Section

Articles