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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dc.contributor.authorBasysta, Iryna
dc.contributor.authorGalagan, Volodymyr
dc.date.accessioned2019-03-14T14:14:55Z
dc.date.available2019-03-14T14:14:55Z
dc.date.issued2018
dc.description.abstractThe 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.en_US
dc.identifier.citationBasysta 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.en_US
dc.identifier.issn2414-9942
dc.identifier.urihttps://ekmair.ukma.edu.ua/handle/123456789/15278
dc.identifier.urihttps://doi.org/10.18523/kmlpj153256.2018-4.119-135
dc.language.isoenen_US
dc.relation.sourceKyiv-Mohyla Law and Politics Journal. - 2018. - No. 4en_US
dc.statusfirst publisheden_US
dc.subjectcriminal procedureen_US
dc.subjectSupreme Courten_US
dc.subjectEuropean Court of Human Rights (ECHR)en_US
dc.subjectinternational commitmentsen_US
dc.subjectretrieval of recordsen_US
dc.subjectrestoration of criminal procedure recordsen_US
dc.subjectarticleen_US
dc.titleProblems of Adherence by Ukraine to International Commitments in Resolution of Cases in Trials that Took Place in Temporarily Occupied Territoriesen_US
dc.typeArticleen_US
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No. 4
Кафедра кримінального та кримінального процесуального права