Питання захисту прав людини у механізмі Європейського ордера на проведення розслідування

The article is devoted to the study of the issue of approximation of Directive 2014/41/EU regulating the mechanism of the European Investigation Order. The purpose of the article is to highlight the problematic issues of Directive 2014/41/EU and the aspects which should be paid special attention to when approximating the Directive in the context of observance of human rights in this mechanism. The article covers the following issues: the scope of regulation of Directive 2014/41/EU; the provisions of Directive 2014/41/EU on human rights protection; problematic issues of Directive 2014/41/EU in terms of its approximation. The author concludes that Directive 2014/41/EU contains a number of provisions regarding the observance of human rights in the EIO mechanism, however, there are certain comments regarding the completeness and exhaustiveness of the wording. Given the legal nature of Directive 2014/41/EU, a number of issues, including those that are not sufficiently regulated in Directive 2014/41/EU, must be addressed in the national legislation. And they should be resolved in such a way that, on the one hand, the restriction of rights is lawful and necessary, and, on the other hand, to ensure the effectiveness of the evidence collection mechanism within the EU. This will require a separate chapter in the CPC of Ukraine, which should contain the following main provisions (they are not exhaustive): grounds for refusal of recognition and enforcement under Art. 11 of Directive 2014/41/EU; legal remedies (the range of persons who can use them, the procedure and time of notification, the procedure for appeal and the consequences of appeal, the subjects and procedure for consideration and resolution of complaints, consideration of the used remedies in another country in the EIO mechanism, the possibility of suspending the execution of an investigative measure, appealing against the issuance of a warrant, legal aid); provisions on confidentiality; the issue of admissibility of evidence collected in the EIO mechanism.