Анотація

The article provides an analysis of the standard of proof “reasonable suspicion” in practice of the European Court of Human Rights (further referred to as ECtHR), which is recognized as a source of law in Ukraine next to the European Convention of Human Rights (further referred to as ECHR).

It is argued that a concept of standards of proof is relatively new in Ukrainian legislation, where no legal definition of particular standards is provided. National courts face complexities in application of the “reasonable suspicion” standard that leads to systemic violations of fundamental rights and numerous cases before the ECtHR versus Ukraine.

Based on systemic analysis of academic literature and practice of the ECtHR regarding “reasonable suspicion” standard, that is applicable while a breach of Article 5 of the ECHR is at stake, the authors have elaborated criteria of the reasonableness of the suspicion in criminal proceedings that can serve a guidance for the national courts. Reasonable suspicion of committing an offence can be defined as an aggregation of facts and information capable to persuade an objective observer that the person may have committed an offence. Despite evidence to satisfy the reasonable suspicion standard shall not be of the same level as required for justification of the criminal charge or the conviction, reasonable suspicion cannot be of purely subjective nature, it shall not be described in abstract terms either. Finally, the standard of proof “reasonable suspicion” is of dynamic nature. The longer the period of fundamental rights limitation is the stronger justifications for such interventions are required. Even while rendering the first decision ordering the detention on remand, national courts shall substantiate not only the persistence of reasonable suspicion, but justify with evidence an existence of “relevant” and “sufficient” reasons for the detention.

In this article existence of evidence at the pre-trial stage is consistently demonstrated, that is supported by numerous cases of the ECtHR regarding “reasonable suspicion” standard.

Key words: European Court of Human Rights, reasonable suspicion, standard of proof, arrest, detention on remand.