Taking biological samples from a person for examination in criminal proceedings: correlation between obtaining evidence and observing human rights

Resumo

The analysis of investigative and judicial practice suggests that expert opinions play a decisive role in criminal proceedings, because they most undoubtedly indicate that the objects found at the scene belong to a particular person. According to the expert's opinion, which is a source of evidence, other circumstances relevant to criminal proceedings that cannot be proved in another way are also established. To conduct any examination, the expert must be provided with the object of future research. The current criminal procedural legislation of Ukraine contains ambiguous provisions for law enforcement, which regulate the obtaining of biological samples from a person for examination. For example, at the legislative level it is not established which biological samples can (or, on the contrary, cannot) be taken compulsorily, as well as there is no procedure for the execution of a court order for the compulsory taking of samples from a person, etc. Such legislative gaps lead to the adoption of various decisions by the courts, which, in turn, creates the basis for the adoption of decisions by the European Court of Human Rights against Ukraine due to a significant violation of human rights during the collection of biological samples from individuals.