| Abstract [eng] |
The analysis of the principle of proportionality in assessment of restrictions on a person’s private life during criminal proceedings revealed the main problem – law has not defined the concept of private life or the criteria for applying the principle of proportionality, new content aspects are formed in case law case after case. The importance of the principle of proportionality in appointing and applying non-public coercive measures in criminal proceedings is particularly high due to poor regulation of such measures. The problem of the concept of private life was also revealed – even though the right to privacy is established in national and international legal acts, but its contents is not indicated, so courts ad hoc interpret if specific relations, a person’s environment, etc. fall within the limits of private life and are protected by the Constitution, Convention, Charter. Analysis of the practice of national and international courts has revealed the criteria for assessment of the proportionality of applying procedural coercive measures – the “proportionality test” used to assess if measures applied are adequate in a specific situation and if it would give more benefit than damage. |
