Ukraine

Constitution of Ukraine

Title II

HUMAN AND CITIZEN RIGHTS, FREEDOMS, AND DUTIES

Article 58. Laws and other regulatory legal acts shall have no retroactive force, unless they mitigate or nullify the responsibility of a person.
No one shall bear responsibility for acts that, at the time they were committed, were not deemed by law to be an offence.

Article 59. Everyone shall have the right to legal assistance. Such assistance shall be rendered free of charge in cases stipulated by law. Everyone shall be free to choose the defender of his rights.
In Ukraine, the advocate shall act to ensure the right to defence against accusations and to provide legal assistance during the hearing of cases in courts and other state bodies.

Article 60. No one shall be obliged to execute directions or orders that are manifestly criminal.
For the issue or execution of a manifestly criminal ruling or order, legal liability shall arise.

Article 61. No person may be brought to legal liability of the same type for the same offence twice.
The legal liability of a person shall be of an individual character.

Article 62. A person shall be presumed innocent of committing a crime and shall not be subjected to criminal punishment until his guilt is proved through a legal procedure and established by a court verdict of guilty.
No one shall be obliged to prove his innocence of committing a crime.
An accusation shall not be based on illegally obtained evidence or on assumptions. All doubts in regard to the proof of guilt of a person shall be interpreted in his favour.
In the event of revocation of a court verdict as unjust, the State shall compensate the material and moral damages caused by the groundless conviction.

Article 63. A person shall not bear responsibility for refusing to testify or to provide explanations about himself/herself, members of his/her family, or close relatives, the circle of whom is determined by law.
A suspect, an accused, or a defendant shall have the right to a defence.
A convicted person shall enjoy all human and civil rights, with the exception of restrictions determined by law and established by a court verdict.

Keywords

Fair trial standards



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