Problems of Adherence by Ukraine to International Commitments in Resolution of Cases in Trials that Took Place in Temporarily Occupied Territories
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Date
2018
Authors
Basysta, Iryna
Galagan, Volodymyr
Journal Title
Journal ISSN
Volume Title
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Abstract
The legal procedure employed in criminal law where an individual was convicted by
the courts of a temporarily occupied area of Ukraine has faced a number of challenges.
When the European Court of Human Rights (ECHR) finds that Ukraine has run afoul of
its international commitments during a trial, the records of such criminal proceedings
shall be considered by the Supreme Court’s Grand Chamber, which shall apply the
legal procedure regulations for newly discovered or exceptional circumstances, as
outlined in Article 34 of the 2012 Criminal Procedure Code of Ukraine. At the same
time, such hearing would be hindered by absence of reliable procedural regulations
for retention of records in a criminal case in the occupied territory, and therefore
are likely not available for review by the Supreme Court. In this article, the authors
attempt to present both the objective challenges and the possible methods and means
to address them to the international scholarly community. These challenges stand in
the way of the reform of the Ukrainian judicial system as a whole, and particularly affect
Ukraine’s adherence to its international commitments as it resolves of cases tried in
the temporarily occupied territories. Considering the above, the authors analyzed the
legislation and draft laws of Ukraine, as well as a number of international legislative
documents, and outlined their own evidence-supported academic opinion on how to
resolve the problem as well as articulated their approach to the organizational and
legislative aspects of Ukraine’s adherence to its international commitments as the
country’s courts resolve such criminal cases.
Description
Keywords
criminal procedure, Supreme Court, European Court of Human Rights (ECHR), international commitments, retrieval of records, restoration of criminal procedure records, article
Citation
Basysta I. Problems of Adherence by Ukraine to International Commitments in Resolution of Cases in Trials that Took Place in Temporarily Occupied Territories / Iryna Basysta, Volodymyr Galagan // Kyiv-Mohyla Law and Politics Journal. - 2018. - No. 4. - P. 119-135.