Вплив рішення ЄСПЛ «Каверзін проти України» на посилення кримінальної відповідальності за катування

This article explores the impact of the European Court of Human Rights’ decision in the case of «Kaverzin v. Ukraine» on the legal mechanisms for criminal liability for torture in Ukraine. The ECtHR’s ruling marked a pivotal moment in shaping national legal frameworks and significantly influenced the enhancement of penalties against torture. The implementation of the Court’s decision into Ukrainian legislation, an analysis of amendments to the Criminal Code, and the interaction between international and national law in protecting human rights are examined. The article highlights the role of the ECtHR as a crucial tool in the fight against torture, emphasizing the importance of judicial precedents for legislative and judicial reforms. The study utilizes data from legal documents, analytical reports, and current data on compensations paid following ECtHR decisions, indicating the need for further changes in the human rights sphere in Ukraine. The consequences of the ECHR decision for Ukrainian legal practice are analyzed, in particular, the changes related to criminal liability for torture. The details of the changes to the Criminal Code of Ukraine that were made after the decision are disclosed and their impact on improving the human rights environment is assessed. The study also focuses on the role and effectiveness of the measures taken by the state to implement the Court’s decision and the challenges that Ukraine still faces in ensuring adequate investigation of torture cases. Further development of the human rights situation in Ukraine requires not only legislative changes, but also cultural and institutional transformation of the law enforcement system. The article provides recommendations on the need for further reform of the penitentiary system and the judiciary to strengthen the protection of human rights and the reliability of justice. The article highlights the prospects of Ukraine in the context of international obligations and the need to adapt the national legal system to the standards of the ECHR. The development of clear procedural guarantees and strengthening legal accountability for human rights violations can significantly increase public trust in justice and contribute to overall legal stability in the country.

Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-03-01
Primary Topic
Particle Detector Development and Performance
Type
article
Field-Weighted Citation Impact
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article

Вплив рішення ЄСПЛ «Каверзін проти України» на посилення кримінальної відповідальності за катування

Scientific periodicals of Ukraine
Particle Detector Development and Performance
article

Вплив рішення ЄСПЛ «Каверзін проти України» на посилення кримінальної відповідальності за катування

article en

Abstract

This article explores the impact of the European Court of Human Rights’ decision in the case of «Kaverzin v. Ukraine» on the legal mechanisms for criminal liability for torture in Ukraine. The ECtHR’s ruling marked a pivotal moment in shaping national legal frameworks and significantly influenced the enhancement of penalties against torture. The implementation of the Court’s decision into Ukrainian legislation, an analysis of amendments to the Criminal Code, and the interaction between international and national law in protecting human rights are examined. The article highlights the role of the ECtHR as a crucial tool in the fight against torture, emphasizing the importance of judicial precedents for legislative and judicial reforms. The study utilizes data from legal documents, analytical reports, and current data on compensations paid following ECtHR decisions, indicating the need for further changes in the human rights sphere in Ukraine. The consequences of the ECHR decision for Ukrainian legal practice are analyzed, in particular, the changes related to criminal liability for torture. The details of the changes to the Criminal Code of Ukraine that were made after the decision are disclosed and their impact on improving the human rights environment is assessed. The study also focuses on the role and effectiveness of the measures taken by the state to implement the Court’s decision and the challenges that Ukraine still faces in ensuring adequate investigation of torture cases. Further development of the human rights situation in Ukraine requires not only legislative changes, but also cultural and institutional transformation of the law enforcement system. The article provides recommendations on the need for further reform of the penitentiary system and the judiciary to strengthen the protection of human rights and the reliability of justice. The article highlights the prospects of Ukraine in the context of international obligations and the need to adapt the national legal system to the standards of the ECHR. The development of clear procedural guarantees and strengthening legal accountability for human rights violations can significantly increase public trust in justice and contribute to overall legal stability in the country.

Scientific periodicals of Ukraine
Peace, Justice and strong institutions
Openalex Percentile: Top 39%
Particle Detector Development and Performance
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