«ENGEL’S CRITERIA» У ПРАКТИЦІ ЄСПЛ

Abstract

Bila-Kyseleva А. Engel’s criteria in the practice of the ECHR The article addresses the issue of the study of offenses covered by the criminal aspect of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms within the meaning of “criminal charges” in disciplinary proceedings. The author draws attention to three of Engel’s criteria, which were formulated by the ECHR in the case Engel and Others v. The Netherlands: qualification in accordance with domestic law, the criterion of the addressee, the severity of punishment. Using Engel’s criteria, the ECHR establishes whether the offenses alleged by the applicant fall within the criminal aspect under Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The author pays much attention to the case of the ex-judge of the Constitutional Court “Xhoxhaj v. Albania”. The ECHR disagreed with the applicants opinion that her case was similar to that of the defendant in the criminal process (the question concerned the declaration of the good faith of the judge and income). Also, the author draws attention to the case of “Moullet v. France”, the disciplinary proceedings in which subsequently resulted in the resignation of the employee in state bodies. The author analyzes the cases of ECHR: Xhoxhaj v. Albania, Matyjek v. Poland, R. S. v. Germany, Ozturk v. Germany, Lutz v. Germany, Engel and Others v. The Netherlan, Ramos Nunes de Carvalho e Sa v.Portugal, Moullet v. France, Benham v. The United Kingdon, Bendenoun v. France, Sukut v. Turkey, Piskin v. Turkey, Schmautzer v. Austria.