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Kaplina, O. V..
    Using the samples of human biological materials in the criminal procedure: the practice of the european court of human rights [Текст] / O. V, Kaplina, O. H. Shylo, I. A. Titko // Wiadomosci lekarskie. - 2019. - Vol. 72: Issue: 8 . - P. 1576-1581
   Перевод заглавия: Использование образцов биологических материалов человека в уголовном процессе: практика Европейского суда по правам человека

УДК	343.1(477)(094.4)

Аннотация: Introduction: The use of modern advances in medicine to investigate crimes has caused a number of problems that require scientific reflection. In particular, today there are quite acute questions: medical intervention without the persons consent; forced sampling of human biological materials; clinical methods, the use of which in the biological samples taking will not be regarded as violation of international standards of human rights protection; the correlation of the need for the formation of DNA profile databases and the right of the person to non-disclosure of medical information. The aim: The aim of this work is to identify and analyze the key points of the European Court of Human Rights (hereinafter referred to as the ECHR) regarding the peculiarities of retention and use of human biological material samples in the investigation of crimes, and the retention of such materials after the completion of the investigation and trial. Material and methods: In the preparation of the article, scientific works, the provisions of international normative acts regulating the use of human biological materials as well as the practice of the ECHR concerning the use of human biological materials in the investigation of crimes were used (8 decisions were analyzed in which the ECHR concerned the use of biological samples or related issues). In the research process to achieve the goal, a complex of general scientific and special methods of cognition was used, in particular, the comparative legal method, the system and structural method, the method of generalization, the method of analysis and synthesis, etc. Review: The positions of the ECHR concerning the following were distinguished and generalized: a) the criteria for the permissibility of compulsory medical intervention for taking of human biological material within the framework of the crime investigation; b) the possibilities of spreading the right not to incriminate oneself on the compulsory taking of human biological materials samples; c) the retention features of cell samples and DNA information in the context of respect for the right to non-interference in the persons private life. Conclusions: Obtaining and using the human material for the investigation of crimes are not a violation of the European Convention on Human Rights (hereinafter - the Convention), subject to the requirements stated in the practice of the ECHR. Keywords

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Kaplina, O. .
    ECTHR decisions that influenced the criminal procedure of Ukraine [Текст] / O. Kaplina, A. Tumaniants // Access to Justice in Eastern Europe. - 2021. - Vol. 4, Iss. 1. - P. 102-121 . - У WoS не зазначено: Vol. 4
   Перевод заглавия: Решения Европейской конвенция о правах человека, влияющие на уголовный процесс Украины

УДК	343.1(477)(094.4)

РУБ DOI: 10.33327/AJEE-18-4.1-a000048

Аннотация: As of 2020, 70 years have passed since the day of the adoption of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), which Ukraine ratified in September 1997. It was from this date that the countdown to significant democratic transformations in Ukraine and the establishment of human and civil rights and freedoms began. In this article, the authors raise relevant issues of reforming the criminal process of Ukraine in the context of European standards. The old Code of Criminal Procedure of Ukraine was adopted in 1960 and was in force for almost half a century. During this time, it became obsolete and bore a significant imprint of the Soviet past, which was manifest in both the bodies that conducted the trial and had primarily repressive powers and the public interests that dominated the rights and legitimate interests of those involved in criminal justice. The conditions under which the first steps aimed at realising the importance of the Convention and the value of human rights enshrined in it took place were not easy. The path of reform processes in criminal proceedings was associated with the confrontation of the Soviet past with modern transformation. It was difficult to realise the need to harmonise national legislation with European standards of human rights and freedoms and consolidate their perception as one of the necessary conditions for Ukraine's integration into the European legal space, as well as the need for a conceptually new worldview for both the people of Ukraine and law enforcement bodies - officers, judges, and prosecutors.

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