Work number - M 21 FILED
Presented Odesa State University of Internal Affairs
Authors:
Doctor of Law Tetiana Voloshanivska
Relevance and scientific novelty: in connection with Ukraine's integration into the European Union, it is important to study the compliance of national legislation with international standards of fair trial, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms and the decisions of the European Court of Human Rights.
Ensuring an effective mechanism for the administration of justice is a key area of state development, especially in the context of martial law. This is of particular importance in cases where a child who has committed a criminal offense is a party to criminal proceedings. The current Criminal Procedure Code of Ukraine contains a separate section regulating the peculiarities of criminal proceedings against minors. At the same time, despite the detailed legislative regulation of this process, statistics from judicial and law enforcement agencies indicate that it is not effective enough and does not meet the current military and political challenges within which the state operates.
In the context of the full-scale invasion of the Russian Federation and the waging of an aggressive war against Ukraine, a number of factors that determine criminal offenses committed by minors, in complicity with minors, and by involving them in criminal activities have been exacerbated. At the same time, the process of pre-trial investigation of such crimes has become more complicated due to the temporary occupation of certain territories and limited access to investigative (search) actions. The current criminal procedural legislation contains certain gaps that lead to practical difficulties in conducting criminal proceedings against minors under martial law, which demonstrates the problematic nature and relevance of the relevant provisions of the legislation.
This study analyzes the provision of the right to defense in criminal proceedings, focusing on the improvement of the legal system in accordance with European fair trial standards. Guarantees of the right to defense contribute to increasing confidence in the legal system, which is the basis for strengthening the social fabric. In addition, the compliance of national procedures with international legal norms contributes to the establishment of the authority of national science in the international arena, as it demonstrates the country's ability to innovate in the legal sphere and its readiness to join the European Union.
Number of publications: 67 scientific publications, including 6 monographs, two of which are single-authored, 7 articles indexed in Scopus and Web of Science, 31 professional articles, 22 conference abstracts, 1 textbook, 1 methodological guidelines, 11 copyright certificates. The total number of citations to the authors' publications/h-index for the work according to the databases is respectively: Web of Science 4/1, Scopus 24/1, Google Scholar 66/4. The authors received 11 certificates of copyright registration for the work.
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