Some issues of the temporal coordinates of fair trial
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2017, Vol 1, Issue
Abstract
The work is devoted to the study of topical issues of compliance by the national judicial system with reasonable terms of cases. The content of the relevant European requirement, which is an element of fair trial, has been clarified. The interpretation of the requirement of the Convention for theProtection of Human Rights and Fundamental Freedoms that the duration of production should be reasonable is given. The practice of the ECHR has been studied, which establishes a set of factors that can influence the legal certainty of the temporal characteristics of fair trial. Non-compliance with them allows us to conclude that the state violated the human right to consider his case within a reasonable time. It is important that such violation will be fixed and there will be a responsibility, even though the case will in the end be considered, and the interests of the person will be protected. Because all the same, the right to timely consideration will be violated, the implementation of which is sometimes more important than the formal protection of material authority. It is concluded that reasonable time limits allow to establish the boundary of the state of uncertainty in which the participants of the process are located. Some factors are analyzed, leading to a protracted process: both objective and subjective. On practical examples it is proved that an unreasonable delay in the consideration of a case is often connected with the illegal refusal of the court to accept the statement of claim, the return of the appeal or cassational appeal.
Authors and Affiliations
П. Д. Гуйван
Keywords
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- EP ID EP445519
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