The Rule of Law as a Principle of the Criminal Process and Law Enforcement Activity

The rule of law is both a principle and a goal of all branches of state power. This article provides a brief historical excursion, examines the modern consolidation of the principle of the rule of law in Ukrainian legislation, and analyzes its official interpretations. In the current Criminal Procedural Code of Ukraine (CPC), the principle is enshrined in a statement identical to the constitutional provision: a person, his rights and freedoms are recognized as the highest values and determine the content and direction of the state's activities. An additional means of consolidating the rule of law in criminal proceedings is the obligation to take into account the practice of the European Court of Human Rights (ECHR) as a recognized international legal instrument for the protection of individual rights (Article 8, Part 5 of Article 9 of the CPC). The authors aim to substantiate the conclusion that ECHR practice should be used as a source of legal regulation where national law lacks a corresponding norm or where the existing norm does not align with current ECHR practice.

The research employs analytical and comparative juridical methods. It conducts a historical excursion to trace the development of the rule of law principle, analyzes its consolidation in the Constitution of Ukraine and the Criminal Procedural Code, and compares national provisions with international standards, particularly the case law of the ECHR. The study also examines the implementation of the principle across various articles of the CPC (Articles 87, 90, 206, and Clause 2 of Part 3 of Article 459) to demonstrate its multi-level consolidation. The authors propose a legislative amendment to Part 2 of Article 87 of the CPC to expand the grounds for declaring evidence inadmissible when significant human rights violations occur during criminal proceedings.