The International Legal Framework for Conducting Special Judicial Proceedings

Abstract

The article explores the international legal framework for conducting special judicial proceedings. For this purpose, it identifies the admissibility of implementing such proceedings at the level of international legal instruments and examines the compliance of national criminal procedural legislation with the requirements of international in absentia mechanisms.

It is argued that special judicial proceedings cannot be considered in isolation—neither from the perspective of legal regulation nor practical application—exclusively within the context of national law. This is due to the fact that in absentia procedures are subject to international legal regulation, which inevitably impacts the normative framework and legal practice of national authorities in light of Ukraine’s international treaty obligations.

The study focuses on international treaties (the Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the European Convention on the International Validity of Criminal Judgments); EU legal acts (EU Directive 2016/343 of March 9, 2016, on strengthening certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings); documents of the Council of Europe’s Committee of Ministers (Recommendation No. R (87) 18 of the Committee of Ministers concerning the simplification of criminal justice; Resolution (75)11 of January 19, 1973, on the criteria governing proceedings conducted in the absence of the accused); and judgments of the European Court of Human Rights (ECtHR).

The research into the international legal basis for conducting special judicial proceedings demonstrates that while international legal instruments guarantee the right of an individual to be personally present at trial, they also allow for the possibility of criminal proceedings in the absence of the suspect or accused. However, this is subject to the fulfillment of specific conditions and procedures aimed at safeguarding the individual’s right to a fair trial. At the same time, national legislation must reflect the requirements of international in absentia mechanisms, particularly those related to ensuring the rights of individuals subject to special judicial proceedings.