System of International Legal Standards for Ensuring Human Rights and Freedoms at the Pre-trial Investigation Stage

S. M.  Danylo

doi:10.32631/v.2025.2.25

S. M. Danylo Kharkiv National University of Internal Affairs https://orcid.org/0000-0001-5135-8633

DOI: https://doi.org/10.32631/v.2025.2.25

Keywords: international legal standards, pre-trial investigation, protection of human rights and freedoms, criminal proceedings, systematisation.

Abstract

It is emphasised that the system of international legal standards for ensuring human rights and freedoms at the pre-trial investigation stage is fundamental to any democratic state governed by the rule of law. It has been established that in conditions of martial law and against the backdrop of contemporary challenges to justice, these standards take on particular significance and require specific interpretation and application. A comprehensive analysis and systematisation of international legal standards for ensuring human rights and freedoms at the stage of pre-trial investigation was carried out. The essence and characteristics of the system of international legal standards for ensuring human rights and freedoms in the context of modern approaches to criminal proceedings have been examined. It has been proposed that the system of international legal standards for ensuring human rights and freedoms at the stage of pre-trial investigation should be understood as an integrated, dynamic set of mandatory and recommended norms of international law, which, as recognised by Ukraine and implemented in its criminal procedural legislation, establish minimum requirements for the activities of pre-trial investigation bodies and determine the legal status of a person in criminal proceedings, ensuring comprehensive protection of their rights and freedoms, in particular in conditions of martial law and taking into account the practice of international judicial institutions. It is emphasised that the system of international legal standards for ensuring human rights and freedoms at the stage of pre-trial investigation should be formed taking into account a comprehensive approach and consider both general principles and specific guarantees relating to various aspects of the activities of pre-trial investigation bodies and the legal status of participants in the proceedings. It is emphasised that the system of international legal standards for ensuring human rights and freedoms at the stage of pre-trial investigation should be flexible enough to adapt to the conditions of special legal regimes and remain steadfast in ensuring fundamental human rights. Key international legal standards governing the activities of pre-trial investigation bodies have been identified and systematised, taking into account the specifics of martial law and contemporary challenges to justice: standards defining the general principles of pre-trial investigation; standards regulating procedural actions; standards of evidence during pre-trial investigation; standards regulating the participation of certain categories of persons; standards of effective legal protection and control.

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Author Biography

S. M. Danylo, Kharkiv National University of Internal Affairs

Candidate of Law.

Doctoral student.

References

Klochko, A. M. (2020, November 20). The influence of international legal standards on the formation of national policy of Ukraine in the field of law enforcement activities [Conference presentation abstract]. International scientific and practical conference “The path to success and development prospects (to the 26th anniversary of the founding of the Kharkiv National University of Internal Affairs)”, Kharkiv, Ukraine.

Voloshanska, T. V. (2017, May 19). Peculiarities of the implementation in Ukraine of European standards on ensuring the right to defence in criminal proceedings [Conference presentation abstract]. International scientific and practical conference “Traditions and innovations of legal science: past, present, future”, Odesa, Ukraine.

Каplina, O. V. (2016). Implementation of international legal standards in criminal proceedings of Ukraine. Journal of the National Academy of Legal Sciences of Ukraine, 3(86), 98–101.

Kopylenko, O., & Kyivets, O. (2013). European standards in the Ukrainian legislative process: possibility and expediency. In Ye. B. Kubka (Ed.), Problems of application of international standards in the legal system of Ukraine (pp. 33–46). Legal practice.

Korovaiko, O. I. (2017). Implementation of international standards of criminal justice in Ukrainian judicial proceedings [Abstract of doctoral dissertation, Kharkiv National University of Internal Affairs].

Kret, G. R. (2020). International Standards of Proof in the Criminal Procedure of Ukraine: Theoretical, Legal and Practical Fundamentals [Doctoral dissertation, National University “Odesa Law Academy”].

Kuchynska, O. P., & Tsyganyuk, Yu. V. (2019). The system of international human rights standards in criminal procedure of Ukraine. Law of Ukraine, 9, 50–64. https://doi.org/10.33498/louu-2019-09-050.

Luts, L. A. (2005). European interstate legal systems: general theoretical characteristics [Doctoral dissertation, Institute of State and Law named after V. M. Koretsky of the National Academy of Sciences of Ukraine].

Nahrebelnyi, V. P. (2003). Standard. In Yu. S. Shemshuchenko et al. Legal Encyclopedia (Vol. 5). Ukrainska entsyklopediia.

Pchelina, O., Sezonov, V., Myrhorod-Karpova, V., & Zherobkina, Ye. (2019). Administrative and legal mechanism of execution of decisions of the European Court of Human Rights as the basis of case law application in the judicial system of Ukraine. Asia Life Sciences, 2, 117–134.

Pchelina, O. V. (2020). Application of the case law of the European Court of Human Rights in domestic criminal proceedings. South Ukrainian Law Journal, 1, 160–164. https://doi.org/10.32850/sulj.2020.1.33.

Pchelina, O. V. (2025). The use of ECHR practice during the investigation of war crimes. Analytical and Comparative Jurisprudence, 2, 1058–1062. https://doi.org/10.24144/2788-6018.2025.02.157.

Simonovych, D. V. (2011). European standards for ensuring human rights in the pre-trial stages of the criminal process in Ukraine [Abstract of candidate dissertation, Kharkiv National University of Internal Affairs].

Uvarov, V. H. (2014). International legal standards in the criminal process of Ukraine. NikaNova.

Fomina. T. H. (2021). International Standards of Implementing Mediation within Criminal Proceedings and the State of Its Realization in Ukraine. Bulletin of Kharkiv National University of Internal Affairs, 2(93), 313–323. https://doi.org/10.32631/v.2021.2.28.

Fulei, T. I. (2015). Application of the practice of the European Court of Human Rights in the administration of justice (2nd ed.). Kyiv.

Chornopyska, V. (2022). Legal standards as an international legal category: theoretical foundations. Bulletin of Lviv Polytechnic National University. Series: Legal Sciences, 4(36), 88–95. http://doi.org/10.23939/law2022.36.088.

Kuzminskyi, O. O. (2024). International standards for ensuring human rights in pre-trial investigation in the criminal procedural legislation of Ukraine. Juridical Scientific and Electronic Journal, 8, 411–414. https://doi.org/10.32782/2524-0374/2024-8/96.

Salenko, O. V. (2014). International standards in the field of the judiciary and the status of judges, their content and classification. National Law Journal: Theory and Practice, 3, 263–269.

Stavniichuk, M. I. (2010). The role of international standards in the protection and development of democratic principles. Bulletin of the Ministry of Justice of Ukraine, 2, 15–23.

Bakaianova, N. M. (2016). International standards of advocacy: concept, system, classification. Scientific Journal of Public and Private Law, 2(1), 226–229.

Savchuk, R. M. (2023). Concept and system of international standards of law enforcement activities. Juridical Scientific and Electronic Journal, 2, 369–373. https://doi.org/10.32782/2524-0374/2023-2/87.

Klymchuk, M. P., & Stetcyk, B. V. (2023). International legal standards for the protection of a defender or a person’s representative from interference in their activities. Analytical and Comparative Jurisprudence, 4, 471–476. https://doi.org/10.24144/2788-6018.2023.04.76.

Bilokin, R. M. (2023). International standards of supervision of the prosecutor on compliance with legality in criminal proceedings. Uzhhorod National University Herald. Series: Law, 78(2), 256–262. https://doi.org/10.24144/2307-3322.2023.78.2.40.

Huzela, M. V. (2016). International standards for the rights of suspects in criminal proceedings. Bulletin of Lviv Polytechnic National University. Series: Legal Sciences, 850, 481–485.

Kyselov, O. O., & Diachenko, H. Ye. (2019). International standards for the protection of the rights of persons who are victims of criminal offenses. Law and Society, 6(2), 156–161. https://doi.org/10.32842/2078-3736-2019-6-2-25.

Oliinyk, Ya. (2024). International standards for ensuring the rights of witnesses in criminal law. Scientific Notes of Lviv University of Business and Law, 42, 303–310. https://doi.org/10.5281/zenodo.14572133.

Babeshko, A. A. (2017). International legal standards for treating minors that fell into scope of criminal proceedings. Issues of Crime Prevention, 34, 129–141.

Bairachna, L. K., & Tilna, K. S. (2021). The Habeas Corpus Act in the norms of international and Ukrainian legislation: problems of the correlation. Juridical Scientific and Electronic Journal, 4, 94–97. https://doi.org/10.32782/2524-0374/2021-4/21.

Hloviuk, I., Drozdov, O., & Melchenko, V. (2022). International standards for interviewing child victims and child witnesses and national legislation and practice: issues of correlation in criminal proceedings. Law of Ukraine, 12, 53–75. https://doi.org/10.33498/louu-2022-12-053.