The European court of human rights and the application of the presumption of innocence principle in Russia

Abstract

© Serials Publications. The relevance of the studied problem is determined by the modernization of the national legislation in the field of protection of human rights where the principle of the presumption of innocence plays an important role. The research objective is to define the role and meaning of the influence of judgments of the European Court of Human Rights on the formation of case law practice of the presumption of innocence principle application in Russia, to define its contents and sense in the context of the formed model of enforcement of the right. The leading research methods are the historical and legal method, comparative and legal method, the system analysis and comparative and legal analysis. The article presents the results of research of the influence of the European Court of Human Rights on the concept of case law practice on affairs with the application of the presumption of innocence principle in modern Russia. The paper defines the near-term outlook of influence of case law practice of the European Court of Human Rights on the development and modernization of the contents of the presumption of innocence principle and the quality of its application in Russia. A new criminal and legal model of the presumption of innocence principle is presented. The materials of this article can be useful to students of higher education institutions and universities of law, privately practicing lawyers, counsels, to the community of researchers of the theory and history of the right and the state, representatives of the scientific community who are interested in the issues of integration of Russia into the legal framework of modern Europe.