FEATURES OF FORCED COLLECTION OF BIOLOGICAL SAMPLES FROM A PERSON IN THE COURSE OF PRE-TRIAL INVESTIGATION IN THE CONTEXT OF HUMAN RIGHTS VIOLATIONS ACCORDING TO THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

This article deals with forced sampling during a pre-trial investigation of crimes in Ukraine and with a process if its realization in a correlation with the decisions of the Euro-pean Court of Human Rights through the prism of the most frequent violations of human rights stipulated by the Convention on the Protection of Human Rights and Fundamental Freedoms. The author has analyzed several main justifications of scientists regarding this issue, and is formulated his own point of view about it. In order to obtain objective results of the research, the grounds, purpose and content of forced taking the person’s biological samples and state-legal coercion, which bases on it, were analyzed in this article. In addition, the work analyzes the concepts of "torture", "cruel treatment" and "degrading treatment or punishment", which are inadmissible during pre-trial investigation and investigative actions as its part. Therefore, the author paid attention to their correlation with the state-legal coercion applied in Ukraine to prevent their mani-festations during the implementation of the specified investigative (search) action. Also, due to the analysis of several decisions of the European Court of Human Rights related to the forced selection of biological samples, the article describes generalized recom-mendations for conducting such selection for the prevention of possible violations of the specified human rights and providing the effective pre-trial investigation. According to the results of the research, the author justified the necessity to find a reasonable balance between the importance of implementing all available technical and tac-tical possibilities of pre-trial investigation and the ensuring unconditional compliance with the Convention on the Protection of Human Rights and Fundamental Freedoms. Necessary legal changes in terms of regulating the procedure for carrying out individ-ual investigative actions will bring the current legislation up to nowadays requirements, and will provide effective pre-trial investigation considering the protection of human rights and freedoms.