ROLE OF THE COUNCIL OF EUROPE IN REFORMING THE CRIMINAL JUSTICE SYSTEM OF UKRAINE IN THE DIRECTION OF EUROPEAN INTEGRATION

Abstract

The scientific article examines the influence of the Council of Europe on the reform of the criminal justice system of Ukraine. The article is aimed at clarifying the role of the Council of Europe and its bodies and institutions in reforming the criminal justice system of Ukraine, as well as determining the main directions and tools for implementing its influence on these processes. It is substantiated that the activity of the Council of Europe is one of the most important legal instruments of European integration of Ukraine. The role of the Council of Europe in reforming the criminal justice system of Ukraine is manifested in the following aspects: 1) development of standards for the criminal justice system common to all CoE member states; 2) control over compliance with these standards by individual states, in particular Ukraine; 3) support for criminal justice reforms. The system of standards of the Council of Europe in the field of criminal justice is considered, which are classified as: 1) general (concerning human rights and mechanisms of their protection) and 2) special (devoted to the organization and functioning of the criminal justice system and its institutions: court, prosecutor’s office, bar, etc.). They can also be divided into: 1) imperative (contained in international treaties, which after ratification become part of the national legislation of Ukraine) and 2) advisory (have the properties of “soft” law). It has been found that the efforts of the Council of Europe in the process of reforming the criminal justice system of Ukraine are as follows: 1) developing international standards as a system of guidelines for reforming the criminal justice system of Ukraine; 2) determination of priority directions for restructuring the criminal justice system; 3) assessment of the level of effectiveness of the national system of criminal justice and the degree of its reform; 4) stimulation of transformation processes through constant monitoring and control; 5) provision of specific tools of reform with the help of material and technical and expert support.