The sphere of ECtHR jurisprudence application in the activity of criminal investigation bodies of law

Abstract

In this article, we have investigated the theoretical and practical aspects of the sphere of application of ECtHR case law and interpretations given by the ECtHR in the activity of criminal investigation bodies of law, as well determining in the national criminal process the particularities of ECtHR case law application at the criminal investigation stage. We analyzed the perspectives of using the precedents of the European Court in the criminal process with the revelation of the particularities and advantages of its applicability for the exponents of the criminal investigation bodies. The rule of law is one of the key principles of the Convention for the Protection of Human Rights and Fundamental Freedoms and implies that an interference by the authorities on a person's rights must be subject to effective control, especially if the law gives the executive broad powers. This control becomes particularly important in the context of the prosecutor's duties in the criminal investigation phase, therefore, in this article we studied the most relevant aspects of the application of ECtHR jurisprudence in the activity of procedural subjects in the criminal investigation phase.