COMPARATIVE ANALYSIS OF THE IMPLEMENTATION OF THE RIGHT TO EFFECTIVE MEANS OF LEGAL PROTECTION IN PRE-TRIAL PROCEEDINGS IN CRIMINAL PROCEEDINGS

Abstract

The scientific article examines the peculiarities of the realization of the right to an effective means of legal protection in Ukraine and Bulgaria. A comparative analysis was conducted in order to identify problematic aspects of the implementation of this right and the positive aspects of its introduction into the human rights system and criminal justice. The most common means of legal protection, which according to a number of characteristics should be effective for individuals to protect their rights and freedoms in pre-trial proceedings in a criminal process, are considered. The requirement to establish the validity of a criminal charge within a reasonable time is a key element of the right to a fair trial, which is guaranteed by Article 6 of the European Convention. Ensuring this right, which involves avoiding undue delay, has implications for many aspects of the organization of the criminal justice system, including the procedures to be followed, the powers available, the institutional arrangements in place, the technologies used and the resources provided. However, even if all these aspects are generally satisfactory, there is always the possibility of unjustified non-observance of procedural deadlines during criminal proceedings in a separate case. Thus, the right to an effective remedy must be available either as a means of prevention or as a means of redress.