INTERNATIONAL STANDARDS OF ENSURING THE RIGHT TO A FAIR TRIAL IN CRIMINAL PROCEEDINGS: IMPLEMENTATION PROBLEMS AND PROSPECTS FOR IMPROVING LEGISLATION

Abstract

The article provides a comprehensive scientific analysis of the right to a fair trial in criminal proceedings in Ukraine through the prism of international legal standards and the practice of the European Court of Human Rights. The content of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms is disclosed and its key elements are identified, including the independence and impartiality of the court, adversarial and equality of parties, consideration of the case within a reasonable time, the presumption of innocence, ensuring the effective right to defense and proper motivation of court decisions.

Special attention is paid to the significance of the European Convention for the Protection of Human Rights and Fundamental Freedoms as the main international document that defines the standards of fair justice and has direct effect in the national legal system of Ukraine.

It is emphasized that the practice of the European Court of Human Rights serves as a source of interpretation of the provisions of the Convention and is mandatory for national courts to take into account when administering justice. In this context, the need for systematic application of the legal positions of the ECHR in criminal proceedings is emphasized in order to ensure real, rather than formal, compliance with the standards of a fair trial.

The legal positions of the ECHR in the cases of Delcourt v. Belgium, Kudła v. Poland, Salduz v. Turkey, Piersack v. Belgium, Barberà, Messegué and Jabardo v. Spain, Taxquet v. Belgium, which became the basis for the formation of modern standards of fair criminal proceedings, are analyzed.

Special attention is paid to the problems of implementing the above standards into the national legislation and law enforcement practice of Ukraine. The main unresolved issues are identified, in particular the excessive duration of criminal proceedings, insufficient reasoning of individual court decisions, problems of ensuring real procedural equality of the parties and access to a lawyer from the moment of actual detention. The need for further improvement of criminal procedural legislation taking into account the practice of the ECHR and strengthening guarantees of judicial independence is substantiated. It is concluded that the effective implementation of the right to a fair trial is a determining condition for establishing the principle of the rule of law and strengthening trust in the judiciary in Ukraine.