The Impact of International Human Rights Standards on Ensuring Fair Criminal Proceedings

Abstract

The aim of the study is to compare the legal guarantees of ensuring human rights in criminal proceedings at the international and national levels and their actual compliance, as well as to identify of the main problems and solutions. The research employed doctrinal approach, comparative law, and statistical analysis. The study established that international and national regulatory acts form a solid framework for ensuring the observance of human rights in criminal proceedings. At the same time, statistics evidenced frequent cases of violations of such rights are observed. The results of the research gave grounds to make recommendations regarding the improvement of the state of ensuring human rights in criminal proceedings in Ukraine. These include the fight against corruption, strengthening the independence of the judiciary, improving the training of employees in the relevant field, using the practice of the European Court of Human Rights (ECHR), and finding alternatives to imprisonment. Further research should be focused on studying ways of using automated decision-making systems at certain stages of criminal proceedings and related risks.

Keywords

• human rights
• international standards
• criminal proceedings
• presumption of innocence
• right to defence
• impartiality