Rule of Law as a Principle of Criminal Procedure (on materials of the European Court of Human Rights)
Sergii M. Smokov1, Valentyna V.Horoshko2, Maksym V.Korniienko3 & Serhii V. Medvedenko4
The aim of the article is to study the rule of law principle as a principle of criminal procedure within the European Court of Human Rights case law. The research is based on the paradigm of human rights priority over positive law and understanding of law within the natural law school, which differentiate the law, a legal precedent, a legal doctrine, and the principles of law as the forms of law. The content analysis and the hermeneutic method were used to analyse the materials of the European Court of Human Rights. The article clarifies that there is pluralism
of approaches to the rule of law as follows: no one can be punished except for the breach of law; no one can be above the law; everyone is equal before the law; court practice is a source of law. The research proves that the provisions of the European Court of Human Rights on criminal law reflect the commitment to democratic values. Their purpose is to ensure the rights and fundamental freedoms of citizens in criminal proceedings, prevent disproportionate interference with human rights by public authorities, and implement the rule of law principle. The materials of the article can be used to guide the public authorities activities in
crime prevention and to improve national legislation on criminal procedure.
Keywords: criminal law; effective investigation; European Court of Human
Rights; human rights; rule of law.