Classification of elements of right to fair trial: national theory and practice of European court of human rights
Journal Title: Прикарпатський юридичний вісник - Year 2016, Vol 1, Issue
Abstract
The article deals with the analysis of scientific investigations devoted to the issues of securing the right to fair trial, as well as judgments of the European Court of Human Rights, which unveil basic elements of this right. The author concluded that further upgrading of civil procedural legislation must be aimed at real provision of the effective protection of human and citizen rights and freedoms. In return, the right to fair judicial consideration is an integral component of the principle of the rule of law. The author considers that the national legal science and court practice must take into account the case law of the European Court of Human Rights on the way to searching new mechanisms of provision of the right to the fairness of civil process and upgrading the existent procedures of judicial consideration in Ukraine. The classification of elements of the right to fair trial lets systematize and generalize the components of this right and make a complex approach to studying its features. In return, it is possible to determine whether the right to fair court was provided while solving a judicial case, only when the observance of each element of the noted right by court is analyzed.
Authors and Affiliations
О. С. Ткачук
Keywords
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