Urgent Entry into a Person?s Home or Other Possession under Part 3 of Article 233 of the Criminal Procedure Code of Ukraine in the Context of the ECtHR Judgment in Korniyets and Others v. Ukraine
Year: 2025
Type: article
Abstract: The article addresses the identification of needs and opportunities for incorporating the ECtHR judgment in Korniyetsand Others v. Ukraine into legislation and practice, as well as determining potential directions for the transformationof Article 233 of the Criminal Procedure Code of Ukraine (CPC).The authors address a wide range of issues related to the ECHR՚s general approach to the compliance of urgent entryinto a person՚s home or other property with Article 8 of the Convention, procedures for judicial review and justificationof decisions of the investigating judge issued in accordance with Part 3 of Article 233 of the CPC of Ukraine, and theintroduction into national legislation of an effective legal remedy for the right to inviolability of a person՚s home or otherproperty violated as a result of an urgent search. In addition, possible directions for improving the provisions of the CPCof Ukraine in this context are identified.A set of conceptual ideas is formulated, which may serve as a foundation for the prospective legislative regulationof urgent searches and judicial control proceedings concerning their approval. These include: 1) the inadmissibilityof narrowing, at the level of the CPC, the grounds for conducting an urgent search compared to the constitutional regulationof this issue; 2) it is necessary to regulate the participation of the owner and/or possessor of the dwelling or other propertyin which the search was conducted in the consideration by the investigating judge of the issue of approving its results (theonly exceptions may be cases where such participation at this stage may prejudice the pre-trial investigation, however,the conduct of the hearing in a closed court session must be justified); 3) to comply with the standards of Article 13 of theConvention, it is essential to ensure the possibility for the owner and/or possessor of the home or other possession to appealthe investigative judge՚s ruling issued under Article 233 of the CPC in appellate proceedings; 4) the content of theinvestigative judge՚s ruling issued under Part 3 of Article 233 of the CPC requires legislative refinement to prevent potentialformalism in judicial control over the restriction of the right to the inviolability of one՚s home or other possession.Keywords: criminal proceedings, pre-trial investigation, judicial control, investigative judge, investigative actions,search, European Court of Human Rights.
Source: Issues of crime prevention
Authors: І. В. Гловюк, В. А. Завтур
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7128920649