Review

Having based on the analysis of scientific works, domestic criminal procedure legislation, international legal acts, decisions of the European Court of Human Rights and materials of domestic legal practice, the article examines problem issues of understanding the context and realization of the principle of the presumption of innocence.

It is noted that the correct understanding of the essence of the presumption of innocence has not only theoretical value, but also forms the basis for the proper implementation of its provisions in law enforcement activities.

The aim of the article is to find out the understanding of the presumption of innocence as a component of the right to a fair trial in the practice of the European Court of Human Rights, to identify the problems of its implementation in domestic law enforcement practice and to establish proposals for their solution.

The presumption of innocence is reasonably considered as a procedural guarantee of ensuring the rights of the suspect and accused in the criminal proceedings, the realization of which guarantees the right to a fair trial.

Based on the results of the study, findings were reached and proposals were made regarding ensuring the implementation of the basis for the presumption of innocence as a component of the right to a fair trial. The position that the presumption of innocence was intended to prevent unwarranted allegations of crime and public opinion about the guilt of a person in the absence of a verdict of conviction that had become legally binding, was upheld. It is substantiated that investigatory and judicial decisions, other than a conviction, should not contain allegations of guilt of a person in the crime. It is proposed to establish in the domestic legislation responsibility of officials for the dissemination of information which violates the presumption of innocence.

Key words: presumption of innocence, right to a fair trial, case law of European Court of Human Rights, criminal proceedings, court decision.