The right to appeal in criminal proceedings: standards of the European Court of Human Rights and their implementation in Ukraine

The right to appeal in criminal proceedings in the context of the standards of the European Court of Human Rights is determined by a number of important factors of a legal, practical, and scientific and theoretical nature. The article provides a systematic analysis of the right to appeal judicial decisions in criminal proceedings in light of the standards derived from the case law of the European Court of Human Rights (ECtHR). It explores the essence, content, and legal nature of the right to appellate review as a fundamental component of the right to a fair trial guaranteed by the Constitution of Ukraine, the Convention for the Protection of Human Rights and Fundamental Freedoms, and Protocol No. 7 thereto. The author thoroughly examines relevant ECtHR case law, particularly focusing on landmark judgments in the cases of «Dorado Baúlde v. Spain,» «Ruslan Yakovenko v. Ukraine,» «Krombach v. France,» and «Natsvlishvili and Togonidze v. Georgia,» which establish criteria for assessing the effectiveness of appellate procedures, admissibility of restrictions on this right, requirements regarding the accused’s participation in appellate proceedings, as well as limits of state discretion in regulating these issues. The paper emphasizes the necessity of providing not only formal but also practical and effective opportunities for individuals to appeal court decisions, highlighting the need to avoid excessive procedural formalism that may impede access to effective legal remedies. Special attention is paid to the issue of ensuring the accused’s personal presence during appellate hearings, recognizing its crucial importance for compliance with fair trial guarantees according to international standards. The research concludes that Ukraine’s national criminal procedural legislation generally aligns with European standards on appellate review; however, certain aspects require further legislative and practical improvement. The article identifies specific directions for the implementation of international standards into national judicial practice.