PROBLEMATIC ISSUES OF SERVICE AND FIGHTING ENGAGEMENT OF CONVOYING, EXTRADITION AND PROTECTION OF THE DEFENDANTS OF THE NATIONAL GUARD OF UKRAINE DURING PERMANCES WITH JUDICAL GUARD INCLUDING WORK EXPARIENCE OF EUROPEAN COURT OF HUMAN RIGHTS

It carried out a review of the problem question about the interpretation of the European Convention of Human Rights and Fundamental Freedoms which was ratified by the Law of Ukraine № 475/97-BP of July 17, 1997 and normative documents on service and fighting management and performance by convoying judicial guard. Up to this day according to the normative documents on service and fighting management and performance by convoying Judicial guard, which are equipped from military units of the National Guard of Ukraine in order to protect the defendants in courts of Justice their detention was foreseen in the subzone for accused in the courtroom for consideration of criminal cases, that were detached by stationary metal barriers that separate defendants from composition of court and audience. Taking into account this requirement, the courtrooms for consideration of criminal cases in courts of general jurisdiction of Ukraine were equipped by metal constructions (care) for retention of the defendants during criminal proceeding. The European Convention of Human Rights and Fundamental Freedoms says that the detention of the defendants in the subzone for accused in the courtroom before delivering a judgment by the Head of court hearing (panel of judges) may be a sign of inhuman treatment as well as abasement of human dignity. The European Court of Human Rights has continually handled claims of the natives of different countries about lodging a complaint about judicial and low enforcement agencies actions on the holding of defendants in a place fenced by metal bars with overlapping from bars (metal code) during consideration of criminal cases by the courts, As the same time, ECHR decided that it is a violation of clause №3 and the applicants had the right to receive the corresponding satisfaction in the form of pecuniary recompense. The offered ways of regulation of the organizational questions and service and fighting performance by convoying judicial guard, the detention of defendants during judicial process in the convention rooms for the consideration of criminal cases in the context of the European practice of observance of human rights during implementation justice.