IMPLEMENTATION OF THE RIGHT TO A FAIR TRIAL IN CRIMINAL PROCEEDINGS IN UKRAINE

Abstract

The article examines the mechanism of implementation of the right to a fair trial in criminal proceedings in Ukraine. It is noted that everyone has the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, which will resolve a dispute concerning his or her civil rights and obligations or establish the validity of any criminal charge brought against him or her.

The author establishes that ensuring the right to a fair trial, in particular, the guarantee of a trial by a court established by law, is fundamental to the legal system of Ukraine and its European integration. Compliance of national legislation with international standards contributes to strengthening the rule of law and public confidence in the judicial system.

The right to a fair trial in Ukraine faces a number of systemic problems that undermine public confidence in the judiciary and complicate access to justice.

Despite numerous judicial reforms, the problem of violations of the right to a fair trial remains unresolved. The introduction of modern technologies, such as algorithmic analysis of violations and the subsequent dissemination of this information, can contribute to the transparency of trials. Automated case distribution and digital databases of case law will help identify systemic violations and increase the objectivity of court proceedings.

One of the key forms of exercising the right to judicial protection in times of war has become remote proceedings. Back in the spring of 2020, the legislator allowed the parties to the case to participate in court hearings remotely. However, the introduction of remote forms of work is still not fully regulated, and the technical conditions do not always comply with the provisions of procedural law and court practice.

Remote court proceedings face a number of procedural, organisational and technical difficulties, especially in times of war. There is an urgent need to improve the legislative framework and practice of remote court hearings. In particular, the Verkhovna Rada of Ukraine is considering draft laws aimed at improving the possibilities of remote proceedings, which provide for the participation in the hearings not only of the parties to the case, but also of judges and court clerks.

The difficult situation in the country requires decisive action and innovative solutions aimed at ensuring the right to judicial protection without endangering the life and health of litigants. It is necessary to continue to work on improving legislation and introducing new procedures that will meet modern challenges and ensure effective justice under martial law.