SOME PROBLEMS OF SPECIAL CRIMINAL PROCEEDINGS (IN ABSENTIA) IN UKRAINE

Abstract

The article examines the current problems of normative regulation and the practice of applying special criminal proceedings (in absentia) in Ukraine. The authors refer to the legal positions of international bodies, including the European Court of Human Rights, regard-ing the compliance of such proceedings and the practice of their implementation with the norms of the European Convention on Human Rights, as well as the norms of the Interna-tional Covenant on Civil and Political Rights, the practices of UN treaty bodies, in particular the Committee on Human Rights . The main principles of proceedings in absentia, formu-lated in the legal positions of the European Court of Human Rights and UN bodies, are analyzed, in particular, regarding the state's obligation to notify a person of criminal pro-ceedings, the right of a person to receive a new court decision in the event of a conviction in absentia, establishing the fact of a person's refusal to take personal participation during the trial, the right to defense, etc. It is noted that these principles are taken into account and applied by the European Court of Human Rights, taking into account the content of the complaint and the circumstances of the case. Special criminal proceedings, the prevalence and circumstances of its application in Ukraine form a special situation in comparison with the circumstances of the application of this institution in other countries in the context of a legal dispute at the European Court of Human Rights, which is caused by objective reasons and a specific complex general socio-political and procedural environment Based on the results of summarizing some of the legal positions of the Court, other bodies and taking into account the approaches that reflect the specifics of legal positions that are currently out of date, namely the proceedings regarding war crimes under the in absentia procedure, the conclusions about the need to take into account a number of provisions and recommenda-tions in the legislation and practice.