© Wydawnictwo Aluna 1576 Wiadomości Lekarskie 2019, tom LXXII, nr 8 INTRODUCTION Nowadays the use of samples of human biological materials, obtaining of which, as a rule, is ofen carried out with the use of medical procedures, is quite common in the criminal pro- cedure. At the same time, procedures for such samples taking, their use and retention are ofen bordered with violations of human rights guaranteed by the Convention. Terefore, there may be a violation of the prohibition of torture (Article 3 of the Convention); violation of the right to a fair trial, in particular in the context of the right not to incriminate oneself (Article 6 of the Convention) 1 ; as well as the violation of the right to respect for private life (Article 8 of the Convention). Terefore, today there are quite acute questions: medical intervention without the person’s consent; compulsory takiing of human biological materials; clinical methods, the use of which in the biological samples taking will not be regarded as violation of international standards of human rights protection; the correlation of the need for the formation of DNA profle databases and the right of the person to non-disclosure of medical information. THE AIM Te aim of this work is to identify and analyze the key points of the ECHR regarding the peculiarities of reten- tion and use of human biological material samples in the investigation of crimes, and the retention of such materials afer the completion of the investigation and trial. MATERIALS AND METHODS In the preparation of the article, scientifc works, the pro- visions of international normative acts regulating the use USING THE SAMPLES OF HUMAN BIOLOGICAL MATERIALS IN THE CRIMINAL PROCEDURE: THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS Oksana V. Kaplina 1 , Olha H. Shylo 1 , Ivan A. Titko 2 1 YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, KHARKIV, UKRAINE 2 POLTAVA LAW INSTITUTE OF YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, POLTAVA, UKRAINE ABSTRACT Introduction: The use of modern advances in medicine to investigate crimes has caused a number of problems that require scientifc refection. In particular, today there are quite acute questions: medical intervention without the person’s consent; forced sampling of human biological materials; clinical methods, the use of which in the biological samples taking will not be regarded as violation of international standards of human rights protection; the correlation of the need for the formation of DNA profle databases and the right of the person to non-disclosure of medical information. The aim: The aim of this work is to identify and analyze the key points of the European Court of Human Rights (hereinafter referred to as the ECHR) regarding the peculiarities of retention and use of human biological material samples in the investigation of crimes, and the retention of such materials after the completion of the investigation and trial. Materials and methods: In the preparation of the article, scientifc works, the provisions of international normative acts regulating the use of human biological materials as well as the practice of the ECHR concerning the use of human biological materials in the investigation of crimes were used (8 decisions were analyzed in which the ECHR concerned the use of biological samples or related issues). In the research process to achieve the goal, a complex of general scientifc and special methods of cognition was used, in particular, the comparative legal method, the system and structural method, the method of generalization, the method of analysis and synthesis, etc. Review: The positions of the ECHR concerning the following were distinguished and generalized: a) the criteria for the permissibility of compulsory medical intervention for taking of human biological material within the framework of the crime investigation; b) the possibilities of spreading the right not to incriminate oneself on the compulsory taking of human biological materials samples; c) the retention features of cell samples and DNA information in the context of respect for the right to non-interference in the person’s private life. Conclusions: Obtaining and using the human material for the investigation of crimes are not a violation of the European Convention on Human Rights (hereinafter – the Convention), subject to the requirements stated in the practice of the ECHR. KEY WORDS: human biological materials, taking of biological samples, criminal procedure, practice of the ECHR, human rights, investigation of crimes Wiad Lek 2019, 72, 8, 1576-1581 PRACA POGLĄDOWA REVIEW ARTICLE 1 Te right to freedom from self-closure is not directly specifed in aArt. 6 of the Convention, however, is an element of the presumption of innocence (Funke v. France (25 February 1993) and John Murray v. Te United Kingdom (8 February 1996).