СИСТЕМА МІЖНАРОДНИХ СТАНДАРТІВ ФОРМУВАННЯ ДОСТАТНЬОЇ СУКУПНОСТІ ДОКАЗІВ

Abstract

The article is devoted to defining of ECHR’s international standards for formation a sufficient totality of evidences. The features of the ECHR’s understanding of the sufficiency of the evidences are revealed. The features of the Court’s own assessment of the sufficiency of the evidences are identified. The ECHR’s legal position on the issue of the validity of the assessment of the evidences by the national courts in terms of sufficiency are revealed. On the basis of the conducted research, a system of international standards for formation a sufficient totality of evidences produced in ECHR’s practice has been generalized. It includei: 1) the assessment of evidencei in terms of its sufficiency is the responsibility of the national courts; 2) the inadmissibility of the justification of the judgement establishing the guilt of the accused in the commission of a criminal offense on the basis of single evidence; 3) the evidences used to make the judgment must be in close logical interconnection; 4) the interconnection of the evidences must be objective; 5) the totality of evidences must be characterized as a hierarchical construction.