Yudkivska G. Presumption of Innocence in the Criminal Procedure in Ukraine and in the Case-Law of the European Court of Human Rights.

The thesis is devoted to complex research into legal nature, substance and content of the presumption of innocence - the fundamental principle which gives rise to all other rights of an accused - and, first of all, to the possibility to defend oneself. The author has studied source and development of this principle, scope and extent of its guarantees at different stages of criminal proceedings. The research examines legal evolution and modernity of the presumption of innocence basing on legislation and practice of different countries as of Middle Ages and till present day, as well as contemporary Ukrainian legislation and practice and case-law of the European Court of Human Rights. Being divided to four main parts, the research allows to see how the presumption of innocence affects pre-trial investigation, trial itself, and the proceedings after termination of criminal cases, where still the room for development exists, and what kind of problems may occur. The thesis analyses the role of presumption of innocence during performance of preventive measures and judicial review of detention. It focuses on international approach to whether placing the burden of proof on the defendant in criminal trials is compatible with the presumption of innocence. The author examines standard of proof beyond reasonable doubt, privilege against self-incrimination. A number of proposals to improve relevant legislation and practice in order to bring the Ukrainian criminal process into compliance with international human rights and fair trial standards had been submitted to the legislative authority.