Open AccessEnsuring the Right to a Fair Trial Pre-Trial Stage Criminal Process
Author(s) -
А А Tymoshenko
Publication year - 2016
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18220
Subject(s) - right to a fair trial , fair trial , convention , human rights , political science , law , process (computing) , task (project management) , fundamental rights , economic justice , law and economics , economics , computer science , operating system , management
The article considers the problem of respect for the right to a fair trial at the pre-trial stage of the criminal process. It is pro- posed to take into account the secondary role of pre-trial activity, whose task is to prepare materials for trial. This competitiveness for the prosecution is not allowed. Analysis of the European Court of Human Rights indicates sufficient blurring boundaries that separate statement of the facts of the presence or absence of a violation of Art. 6 of the European Convention «On Protection of Human Rights and Fundamental Freedoms» (the right to a fair trial). But in any case the decision is motivated by the observance of guarantees of access to justice. Hence, any infringement of the possibi