Suchergebnisse

Through the dialectical method and the study of the doctrine, the research focuses on the theoretical and practical analysis of such a multifaceted legal category as access to justice. The author's definition of the essence and content of the constitutional guarantee of the right of access to justice is presented. Modern issues of ensuring access to justice in Ukraine are highlighted. The description of typical forms of realization of the right of access to justice such as e-justice; constitutional complaint and right to free legal aid is given. Factors hindering the implementation and protection of the right of access to justice have been identified: instability of the legal system; deficiencies in the judicial practice of law enforcement; shortage of judicial personnel and others. In the conclusions of the case, it highlights the priority of alternative ways of guaranteeing access to justice such as mediation, restorative justice and arbitration tribunals. Finally, the main advantages of the specified interdisciplinary legal institute are identified.

The article is devoted to the study of the essence of constitutional law, together with judicial guarantees, their interpretation and normative consolidation in international legal acts and national regulations, as well as to the clarification of the place of the right to a fair trial in human rights. Thanks to the use of a system of general scientific and special scientific concepts and methods, it was established that the conceptualization of the right to a fair trial was given by the European Convention for the Protection of Human Rights and Fundamental Freedoms and, moreover, is reflected in the precedent practice of the European Court of Human Rights. In this context, characteristic features of the right to judicial guarantees are defined, its procedural and functional components are distinguished, and procedural and substantive justice are characterized. Everything allows concluding that, the characteristic features of the constitutional right to a fair trial in a state governed by the rule of law are defined as: the perceived ability of a person to exercise the specified right; the presence of a special subject-object structure; appropriate actions in specially created state judicial institutions to restore violated rights.

Using a documentary methodology combining different research techniques such as dialectics, the article conducts a scientific analysis of the implementation of the constitutional right to a fair trial in Ukraine and defines its essence and content; it also investigates the peculiarities of normative consolidation of the right in international legal acts and studies the positive experience of applying the precedent practice of the European Court of Human Rights, to solve the main problems of the implementation of this right in the national judiciary in the conditions of martial law in Ukraine. Among other things, the essence of the term "right to a fair trial" was clarified and a study of the peculiarities of the implementation of the right to a fair trial in conditions of war from the perspective of the European Court of Human Rights was conducted. It is concluded that, both in theory and in concrete reality, the right to a fair trial is complex in nature and includes the fairness and publicity of the proceedings, the reasonableness of the terms, the presumption of innocence, the independence and impartiality of the court, the existence of a dispute over rights and obligations, among other aspects.