Author(s): Sergii M. Smokov, Valentyna V. Horoshko, Maksym V. Korniienko, Serhii V. Medvedenko
The urgency of the study is stipulated by the importance of the European Court of Human Rights practice studying in order to determine the content of the rule of law principle. The purpose of the article is to elucidate the rule of law principle as a principle of criminal procedure by means of the European Court of Human Rights practice. The study is based on the paradigm of human rights priority over positive law and understanding of law, formed within the natural law school, distinguishing between law and the law, and judicial precedent, legal doctrine and principles of law are recognized as the forms of law. The study of the European Court of Human Rights practice led to the use of content analysis method and the hermeneutic method. The article clarifies that the pluralism of approaches to understanding the rule of law does not preclude the identification of ideas constituting the rule of law and are named in most of the rule of law theories, including the following: no one can be punished other than for a crime; no one can be above the law, all people are equal before the law and the court; court practice, disclosing the content of legal requirements, is a source of law; it is substantiated that the provisions of the European Court of Human Rights on criminal proceedings reflect the commitment to democratic values, and their purpose is to ensure the rights and fundamental freedoms of subjects to 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 improve the public authority’s activities in the field of crime prevention through the implementation of the following areas: study of the European Court of Human Rights practice by crime prevention bodies; constant monitoring of the European Court of Human Rights practice in order to improve national legislation.