RIGHT TO FAIR TRIAL THROUGH ECHR DECISIONS

Abstract

Recently, the issue of equality, justice, impartiality
and freedom has become increasingly relevant
in legal scientific discourse. The right to a fair trial is
one of the fundamental human rights that the state
must protect. The exercise of this right enables citizens
to feel protected from any wrongdoing and to
consider the state as truly democratic and legal. But
despite this, the real state of affairs is that these provisions
are sometimes declarative and often distorted.
This is confirmed by the fact that the number of
applications to the European Court of Human Rights
for violations of the right to a fair trial is increasing
every year.
According to the website of the European Court
of Human Rights (ECtHR), in 2019, 109 applications
were filed against Ukraine, representing 12.3% of
the total number of applications to the ECtHR last
year, 22 of which were statements in defense of the
right to a fair trial. In total, 572 applications were
received from citizens of Ukraine to the ECtHR to defend
the right to a fair trial. . All this testifies to the
need for further active research into the right to a
fair trial.
The article examines the case law of the European
Court of Human Rights on the right to a fair
trial. It describes the essence of the right to a fair trial
in its constitutional sense. The authors consider
the content of the right to a fair trial from the point of
view of the case law of the European Court of Human
Rights. The concepts of "independent court" and
"impartial court" are analyzed. Although these two
concepts are often considered by the Court to be
closely interrelated, the Court's case-law has formulated
different tests to assess each.
Therefore, having analyzed the ECHR clause 6
and the ECtHR's practice on this article, we can say that the right to a fair trial is certainly one of the elements
of the rule of law. The right to a fair trial is complex and includes the fairness and publicity of the proceedings, the reasonableness of the terms, the independence and impartiality of the court, the existence of a dispute over rights and obligations or the presence of a criminal charge, the publicity of the trial, the presumption of innocence. Based on the provisions of Art. 6 ECHR and ECtHR practices, the state must provide guarantees for each person regarding access to justice that is just and lawful, and the independence and objectivity of the court is a strong sign of the rule of law and the justice of the court.
Keywords: right to a fair trial, litigation, ECtHR practice, publicity, independence and impartiality of judges.