|
po-special-issue-2023-blahuta-th
Implementation of the Right to an
Impartial Trial as a V ector of the Rule of Law: European Standards and
Ukrainian Experience
Blahuta, Roman, Lviv
State University of Internal Affairs, 79000, 26 Horodotska street, Lviv, Ukraine
Právny obzor, 106, 2023,
special issue, pp. 66-84.
Published online: 20.2.2024
https://doi.org/10.31577/pravnyobzor.specialissue.2023.04
Abstract. The right to
an impartial trial is one of the most important principles of the administration
of justice, and its significance and necessity to the rule of law is recognised
and observed at both an international and national level. If judges fail to
adhere to the principle of impartiality and favour one of the parties during the
proceedings, doubt is cast on the right to a fair trial and the expectation that
a decision will be made on the merits of the case guaranteed by international
law. This article will examine the issue within the context of the Ukrainian
legal system and offer substantiated conclusions on efforts to bring the country
into line with international and European standards. The text will analyse the
challenges involved in reforming the Ukrainian judicial system and investigate
the experience of European countries in ensuring an impartial trial by
conducting an analysis of international and national legislation and the
existing practice of the ECHR. The research applies the methodologies of
analysis and synthesis, an examination of comparative and formal legal methods
and legal interpretation within the context of the implementation of the right
to an impartial trial as a direct demonstration of the rule of law.
Keywords: impartial
trial, right to a fair trial, independence of the court, rule of law,
impartiality of the court.
|
ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
|
OPEN ACCESS