IMPLEMENTATION OF COUNCIL OF EUROPE STANDARDS ON THE RIGHT TO A FAIR TRIAL IN UKRAINE’S CONSTITUTIONAL PRACTICE: CHALLENGES AND PROSPECTS FOR EUROPEAN INTEGRATION

Abstract

The current stage of Ukraine’s European integration course is characterized by the need for full implementation of Council of Europe standards regarding the right to a fair trial, which necessitates a reassessment of the legislative foundations of the judiciary. To achieve the stated objective, a comprehensive approach was applied, involving the use of general scientific and special scientific research methods. In particular, the comparative legal method was used to analyse the constitutional regulation of the judiciary in new EU Member States. The formal legal method was employed to analyse the norms of the Constitution of Ukraine and the practice of the European Court of Human Rights. The systemic approach was applied to identify structural incompatibilities between the constitutional norms of Ukraine and the requirements of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The methods of analysis, synthesis, induction, deduction and analogy were also used to formulate conclusions and proposals. The study established that the current model of the Ukrainian judiciary is in a state of partial non-compliance with the standards of Article 6 ECHR. The ECtHR practice regarding Ukraine was analysed, including cases concerning excessive length of proceedings and the absence of effective remedies. Three categories of structural incompatibilities were identified: the declaratory nature of judicial independence guarantees, the absence of a subjective right to adjudication within a reasonable time with an effective remedy, and the lack of legislative provision for the right to free legal assistance in civil proceedings. It was summarised that the legal regulation of the judiciary in the context of European integration is of particular relevance, as the full realisation of the right to a fair trial directly affects the level of the rule of law and public trust in the judicial system. The following steps are proposed to improve the legal regulation of the judiciary: 1) legislative entrenchment of the subjective right to adjudication within a reasonable time with an effective remedy; 2) strengthening legislative guarantees of judicial independence through the definition of an exhaustive list of grounds for termination of office; 3) depoliticisation of the mechanism for forming the High Council of Justice; 4) legislative entrenchment of the right to free legal assistance in civil proceedings. Thus, the legal regulation
of the judiciary in the context of European integration must combine normative and legal foundations with Convention standards, creating conditions for independent, effective and fair justice.